No statutory provisions were found in the examined legislation in this respect.

→ Under Section 149(1) LL, collective dismissals cannot be effected without the approval of the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD).
→ Under Section 140(2) LL, in case of long-term suspension of activities that results in closing down the undertaking, the employer must inform the MoLSAMD at least 3 months before.
→ In addition, under Section 25(1) LL, the employer is required to provide a list of employees who have been dismissed on any legal ground (conduct, capacity, economic reasons - see "valid grounds") to the Ministry of Labour and Social Affairs or its provincial offices. This list, which aims at assisting employees in job placement, shall indicate the work experience, qualifications, specialities, and skills of each employee.

No statutory provisions were found in the examined legislation in this respect.

→ Under Section 149(1) LL, the government, NGOs, joint ventures and private entities are not authorized to dismiss all, or a group of employees, without the approval of the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) unless so authorized by statute.

No statutory provisions were found in the examined legislation in this respect.

No statutory provisions were found in the examined legislation in this respect.

→ Section 23(3) LL indicates that: Termination of the service contract, except by virtue of part (1) of clause (1) of this Section [Mutual agreement of both parties], is permissible only when it is not feasible to transfer the concerned person according to his/her agreement to a similar job in the same organization.

→ Section 27 LL provides that:
1. If the organization stops operating as a result of unexpected events and its employees become jobless, as it restarts its activities, it must reemploy its previous experienced workers in the relevant units.
2. If the workers mentioned in paragraph (1) of this Section do not refer to the organization during the time when their posts are announced, the organization can recruit new workers in lieu of them.

Sec. 17 (2) PADA

Sec. 17 (1) PADA

Sec. 17(2) PADA

Sec. 1(3) PADA: mandatory social selection on the basis of length of service, age, family responsibilities, severe disability.
Note that this requirement applies to all dismissals based on urgent operational requirement notwithstanding the number of employees concerned (subject to the limitation on the scope of application of the PADA).

Sec. 1 (2) 1: General obligation on the part of the employer to try to avoid dismissal, by offering the employee another position (applicable also to individual economic dismissal).
See also sec. 17(2) PADA: Alternatives to redundancies and ways to mitigate the effect are to be discussed in the framework of the consultation process between the employer and the works council.

(Note: In undertakings with more than 20 employees, the works council can request a social plan to mitigate the effects of redundancy)

▷ There is no requirement for prior consultation.
▻ However, Section 292 of GLL 2023 on "consultations" indicates that: During the period in which the General Labour Inspectorate is assessing the case, the employer may hold meetings with the representative body or the appointed committee to exchange information and clarifications, and may forward the conclusions of the meetings to the General Labour Inspectorate.

→ Section 291 (1) of GLL 2023 provides that: An employer who intends to carry out collective dismissal must notify the General Labour Inspectorate and the workers' representative body, and must observe the provisions of section 285.
→ Under section 293 (2) of GLL 2023, on the date of sending the notice of dismissal, the employer must send to the Employment Centre of the respective area, if any, a map identifying all workers notified of dismissal, mentioning in relation to each one:
a) Full name; b) Identity Card Number; c) Address; d) Date of birth; e) Date of admission to the company f) Date on which the contract terminates; g) Social Security insured person number; h) Profession;
i) Professional classification; j) Last base salary.

Section 291 (1) of GLL 2023 indicates that: An employer who intends to carry out collective dismissal must notify the General Labour Inspectorate and the workers' representative body, and must observe the provisions of section 285.

▷ There is no express requirement for approval by administrative bodies.
→ However, section 291 (2) of GLL 2023 indicates that: The deadline for the General Labour Inspectorate to carry out its investigations referred to in paragraph 3 of section 285, in the case of collective dismissal, is 22 working days.
→ Section 285 (3) of GLL 2023 indicates that: The General Labour Inspectorate must, within 15 working days, carry out the necessary investigations to clarify the situation further, warning the employer about the possible existence of a substantive and procedural irregularity in the dismissal.

▻ Note: Priority rules provided under section 288 of GLL 2023 are of a general scope and not limited to only collective dismissals.
→ Section 288 (1) of GLL 2023 on "preference criteria" provides that:
1. In determining which workers are to be laid off and if it is not a matter of closing the service or establishment, in maintaining employment, within each professional category and in the order of priority established below, the following workers have preference:
a) More qualified or with greater professional experience;
b) Longer service members, in cases of equal qualifications or professional experience;
c) Seniority in the category, in the case of equality in seniority in the job position;
d) Those who have been in the company for the longest time, in the case of equal seniority in the category.
→ Section 298 (m) of GLL 2023 on "nullity" indicates that: Dismissal is null and void whenever (...) there is a violation of the preference criteria for maintaining employment.

The LC does not foresee any specific legal regime applicable to collective dismissal.

No legal provisions on collective dismissals.

Note that the procedural requirements related to the elaboration of the social plan (including consultations with the worker's representatives) set out in the Legislative Decree No 94-09 only apply to undertakings with more than 9 employees.

▶ LRA 1990
The LRA does not prescribe prior consultations with the workers' representatives.
▶ Legislative Decree No. 94-09 of 26 May 1994, concerning the preservation of employment and the protection of employees likely to involuntarily lose their jobs.
→ Sections 10 to 14 of the Decree No. 94-09 provides for mandatory consultations with the worker's representatives on the content and the implementation of the social plan ("volet social") which includes measures aimed at avoiding dismissals (e.g. transfers, retraining, retirement and early retirements, readjustment of bonuses and benefits, salary reassessment, introduction of part-time work.)

▶ LRA
No provision in the LRA.
▶ Legislative Decree No. 94-09 of 26 May 1994, concerning the preservation of employment and the protection of employees likely to involuntarily lose their jobs.
However, under Sections 15 and 16 of the Legislative Decree No. 94-09, once the parties have reached an agreement on the social plan, the employer shall submit it to the registry of the competent tribunal and to the labour administration. In addition, when implementing the workforce reduction, the employer shall transmit the list of the employees concerned to the competent labour inspection and to the unemployment insurance funds.

▶ Legislative Decree No. 94-09 of 26 May 1994, concerning the preservation of employment and the protection of employees likely to involuntarily lose their jobs.
→ Sections 10 to 14 of the Legislative Decree No. 94-09 provides for mandatory consultations with the worker's representatives on the content and the implementation of the social plan ("volet social") which includes measures aimed at avoiding dismissals (e.g. transfers, retraining, retirement and early retirements, readjustment of bonuses and benefits, salary reassessment, introduction of part-time work).

No statutory provisions were found in the examined legislation in this respect.

No statutory provisions were found in the examined legislation in this respect.

▶ LRA 1990
→ Section 71 LRA 1990 indicates that: The procedures for workforce reductions are determined after all means that could prevent their use have been exhausted, based in particular on criteria of seniority, experience, and qualifications for each job.
Collective agreements and contracts specify all established procedures.

▶ LRA 1990
→ Section 70 LRA 1990 indicates that: before proceeding with a workforce reduction, the employer is required to use all means likely to reduce the number of dismissals, including: reducing working hours, part-time work as defined in this law, the early retirement procedure in accordance with current legislation, and exploring the possibility of transferring staff to other activities that the employer can develop or to other companies. If these measures are refused, the employee is entitled to severance pay for workforce reduction.
▶ Legislative Decree No. 94-09 of 26 May 1994, concerning the preservation of employment and the protection of employees likely to involuntarily lose their jobs.
→ Sections 7 to 9 of the Decree No 94-09 on the mandatory social component of the procedure of workforce reduction (= a social plan), which shall be adopted in undertakings with more than 9 employees. This consists of a set of protection measures aimed at avoiding dismissals (e.g. transfers, retraining, retirement and early retirements, readjustment of bonuses and benefits, salary reassessment, introduction of part-time work).

▶ LRA 1990
→ Section 69 LRA 1990 stipulates a prohibition for any employer who has carried out a procedure of workforce reduction to hire new workers in the same workplaces in the professional categories of those workers affected by the downsizing, indicating that: [...] It is forbidden for any employer who has carried out a reduction in staff to resort to new recruitment in the same workplaces in the professional categories of the workers affected by the reduction in staff.

Art. 100 and 101 NEL.

Art. 99, 100 NEL.
Art. 1 Decree 328/88

Art. 99, 100, 101 NEL.
Article 3 Decree 328/88

Art. 103 NEL: If the parties reach an agreement, they will notify the Ministry of Labour, who shall in turn within 10 days, either authorise ("homologar") the agreement or reject ("rechazar") it.
If the Administration does not make a decision within 10 days, the agreement will be considered authorised.

Art 247 LCL: Where a dismissal is ordered for reasons of force majeure or on account of a shortage or reduction of work that is duly proved to be beyond the employer's control, the first workers to be dismissed will be those with the shortest length of service.
With regards employees that joined the enterprise during the same semester, those with less family obligations will be dismissed before, even if that alters the job tenure order.
Art. 51 Ley de Asociaciones Sindicales: Worker’s representatives enjoying employment permanence Will not be able to invoke this protection in cases of general suspension or ceasing of the Enterprise activities. In those cases where there is no general suspension of activities, but staff reduction by way of suspensions and dismissals in which the job tenure order shall be observed, workers enjoying employment permanence protection as established in the present law will be excluded from this order.

Art. 116: The employer must, 2 months in advance, inform the public employment service on the number of contemplated collective dismissals for economic reasons.

Art. 116: The employer must, 2 months in advance, inform workers' representatives on the number of contemplated collective dismissals for economic reasons.

Art. 113: Before any dismissal for economic reasons, the employer must propose to the worker any transfer or vocational training within the available possibilities in the enterprise.

→ Section 531(3) FWA provides for "Consulting relevant registered employee associations": An employer complies with this subsection if:
(a) The employer gives each registered employee association of which any of the employees was a member, and that was entitled to represent the industrial interests of that member, an opportunity to consult the employer on:
(i) measures to avert or minimise the proposed dismissals; and
(ii) measures (such as finding alternative employment) to mitigate the adverse effects of the proposed dismissals; and
(b) The opportunity is given:
(i) as soon as practicable after making the decision; and
(ii) before dismissing an employee in accordance with the decision.

→ Section 530 FWA requires mandatory notification of the proposed dismissals to the Chief Executive Officer of the Commonwealth Services Delivery Agency (Centrelink):
(1) If an employer decides to dismiss 15 or more employees for reasons of an economic, technological, structural or similar nature, or for reasons including such reasons, the employer must give a written notice about the proposed dismissals to the Chief Executive Officer of the Commonwealth Services Delivery Agency (Centrelink).
(2) The notice must be in the form (if any) prescribed by the regulations and set out:
(a) the reasons for the dismissals; and
(b) the number and categories of employees likely to be affected; and
(c) the time when, or the period over which, the employer intends to carry out the dismissals.
(3) The notice must be given:
(a) as soon as practicable after making the decision; and
(b) before dismissing an employee in accordance with the decision.
(4) The employer must not dismiss an employee in accordance with the decision unless the employer has complied with this section.
▷ Note: This subsection is a civil remedy provision (see Part 4‑1).

→ Section 531 (2) FWA requires notification of each registered employee association of which any of the employees is a member, and that is entitled to represent the industrial interests of that member, indicating that: (2) An employer complies with this subsection if:
(a) The employer notifies each registered employee association of which any of the employees was a member, and that was entitled to represent the industrial interests of that member, of the following:
(i) the proposed dismissals and the reasons for them;
(ii) the number and categories of employees likely to be affected;
(iii) the time when, or the period over which, the employer intends to carry out the dismissals; and
(b) The notice is given:
(i) as soon as practicable after making the decision; and
(ii) before dismissing an employee in accordance with the decision.

No statutory provisions were found in the examined legislation in this respect.

No statutory provisions were found in the examined legislation in this respect.

No statutory provisions were found in the examined legislation in this respect.

→ Section 531(3) FWA indicates that:
(a) The employer shall give each registered employee association of which any of the employees was a member, and that was entitled to represent the industrial interests of that member, an opportunity to consult the employer on:
(i) measures to avert or minimise the proposed dismissals; and
(ii) measures (such as finding alternative employment) to mitigate the adverse effects of the proposed dismissals.
(b) The opportunity is given:
(i) as soon as practicable after making the decision; and
(ii) before dismissing an employee in accordance with the decision.

No statutory provisions were found in the examined legislation in this respect.

Sec. 109 (1) and (2) WCA

At least 30 days before the first notice of termination is served to an employee (Sec. 45a Labour Market Promotion Act).

Sec. 109 (1) and (2) WCA

No rules on the determination of selection criteria in the legislation reviewed. Selection criteria are only referred to in sec. 109 (1) as one of the element to be transmitted to the works council within the framework of the notification and consultation process.

Sec. 109 (2) WCA: The council may make proposals for the prevention, elimination or mitigation of the adverse effects of redundancies.

Note: In undertakings with more than 20 permanent employees, when the proposed measures would affect a significant part of the workforce, the works council may request the conclusion of a social plan (sec. 109 (3) WCA)

No statutory provision in the legislation reviewed.

Art.17(2) of the Law on Employment: the employer has to inform, 2 months in advance, the public service of employment about any contemplated redundancies.

Law on Trade Unions of 1994:
Art. 11. Right of trade unions to defend labour rights.
...Where the closure of an enterprise or its subdivisions at the initiative of the management may lead to a complete or partial cessation of production, workforce reductions or a deterioration of working conditions, such measures, with the exception of cases provided for by the law, shall not be carried out without prior notice of not less than three months to the trade unions concerned, and consultations with them concerning the safeguarding of workers' rights and interests.

However, according to Art. 80 LC, the employer has to obtain the authorization of the trade union to dismiss a member of that trade union.

Art. 78 LC - the employer defines the list of workers to be dismissed for economic reasons.

▷ There is no obligation as such on the part of the employer to undertake consultations with the worker's representatives on intended retrenchments. § 20(2)b) LA only requires that the collective bargaining agent (trade union) be notified.
▷ Note, however, that the LA recognizes the right of the collective bargaining agent in relation to an establishment to undertake collective bargaining with the employer on matters connected with the employment, non-employment, the term of employment or the conditions of work (§ 24(e) LA).
‣ In addition, if an industrial dispute is likely to arise between the employer and the workers (which can be the case for example in the event of retrenchments) the law recognizes the right of the collective bargaining agent to communicate his or its views in writing to the other party, which shall in turn arrange a meting for collective bargaining on the issue with a view to reaching an agreement (§ 210 on the settlement of industrial disputes).
‣ An industrial dispute is defined in the LA as "any dispute or difference between employers and employers or between employers and workers or between workers and workers which is connected with the employment or non-employment or the terms of employment or the conditions of work of any
person" (§ 2(62) LA).

→ Section 20(2)(b) LA indicates that: No worker who has been in continuous service for at least one year shall be retrenched by the employer unless- a copy of the notice is sent to the chief Inspector or any other officer authorized by him and also to the collective bargaining agent in the establishment, if any.

→ Section 20(2)(b) LA states that: A copy of the notice of retrenchment of a worker who has been employed for at least a year shall be sent to the collective bargaining agent in the establishment, if any.

No statutory provisions were found in the examined legislation in this respect.

No statutory provisions were found in the examined legislation in this respect.

→ Section 20(4) LA indicates that: Where any worker belonging to a particular category of workers is to be retrenched, the employer shall, in the absence of any agreement between him and the worker in this behalf, retrench the worker who was the last person to be employed in that category.

No statutory provisions were found in the examined legislation in this respect.

→ Section 21 LA on re-employment of retrenched workers indicates that: Where any number of workers are retrenched, and the employer proposes to take into her employ any worker within a period of one year from the date of such retrenchment, she shall give an opportunity to the retrenched workers belonging to the particular category concerned by sending a notice to their last known addresses, to offer themselves for employment, and the retrenched workers who so offer themselves for reemployment shall have preference over other retrenched workers, each having priority according to the length of her service under the employer.

Art. 6 and 8 ROCD and 66 (1) APE.
See also: Collective Labour Agreement N° 24.

Art. 6 and 7 RO 1976 and and 66 (2) APE.

Art. 6 RO 1976 and 66 (1) APE.
See also: Collective Labour Agreement N° 24.

No criteria listed in the legislation nor in Collective Labour Agreements.
Art. 6 Collective Agreement No 24 only states that criteria defined by the employer should be one of the elements to be communicated to the trade union representatives for consultation.

Art. 6 Collective Labour Agreement No 24 provides for consultation with the trade union representatives on social measures. However, no formal adoption of a social plan is required.

The promotion of Employment Act of 13 February 1998 clarifies the obligation of employers to consult with workers' representatives and places an obligation on employers to analyze and formally respond to any proposals from workers' representatives.

No statutory provision on the EA. However, sec. 13(5) of the Code of Good Practices on Termination of Employment provides that the employer should consult the employees to be affected by the collective dismissal and their trade union.

Sec. 25(2) of the EA : when an employer forms an intention to terminate contracts of employment for the purpose of reducing the size of his work force, he shall forthwith give written notice of that intention to the Commissioner.

Sec. 25(1) of the EA: Where an employer terminates contracts of employment for the purpose of reducing the size of his work force, he shall do so in respect of each category of employee, wherever reasonably practicable, in accordance with the principle commonly known as first-in-last-out: Provided that in so doing the employer shall take into account (i) the need for the efficient operation of the undertaking in question; and (ii) the ability, experience, skill and occupational qualifications of each employee concerned.

In addition, sec. 13(5) of the Code of Good practices on Termination of Employment provides that the criteria for selecting the employees for dismissal such as last-in-first-out , subject to special skills and affirmative action should constitute a priority rules for collective dismissals. Sec. 13(5.8) furthermore provides that selection criteria for retrenchment should also be agreed with by the employer and employee representatives.

No statutory provision in the EA. However, sec. 13(5) of the Code of Good Practices on Termination of Employment provides that the employer should consult the employees to be affected and their trade union, with a genuine attempt to achieve consensus on the alternatives to dismissals, such as transfer to other jobs.

Sec. 25(3) of the EA
Where contracts of employment have been terminated for the purpose of reducing the size of a work force, the employer shall, if he again seeks employees in the occupations to which those contracts related, give priority of engagement, to such extent as is reasonably practicable, to those persons whose contracts of employment were so terminated: Provided that this subsection shall not apply where the employer seeks such employees more than six months immediately after the contracts in question were terminated.

In addition, sec. 13(9) of the Code of Good Practices on Termination of Employment provides that retrenched employees should be given preference if the employer again hires employees with comparables qualifications, subject to -the employees having expressed a desire to be re-hired and the re-hiring taking place within six months of the retrenchment.

Note. Law 13.467 of 2017 included Art. 477-A in the CLL, which provides that: "As dispensas imotivadas individuais, plúrimas ou coletivas equiparam-se para todos os fins, não havendo necessidade de autorização prévia de entidade sindical ou de celebração de convenção coletiva ou acordo coletivo de trabalho para sua efetivação."

Art. 130a LC

Art. 24 of the Employment Promotion Act

Art. 130a LC

No approval by the admnistration required as such for collective dismissals.

However, pursuant to Art. 25 of the Employment Promotion Act, in the course of the negotiation process, a team of representatives of the workers, the employer and the administration shall draft measures aimed at avoiding or mitigating the effects of the propose redundancy (employment placement, vocational training, alternative employment programmes). The draft shall then be submitted for approval to the Regional Employment Commission.

Except when approval is foreseen under a collective agreement in dismissals due to staff cut or reduction of the volume of work: art. 333 (3) LC.

No selection criteria listed.
Art. 130a LC only refers to criteria as one of the elements to be communicated to the workers' representatives for consultation.

Note: Art. 329 LC provides that in case of partial closing down of an enterprise, in case of staff cuts or reduction of the volume of work, the employer shall be entitled to selection and in the interest of production, business may dismiss employees whose positions have not been made redundant, in order to retain employees of higher qualifications and better performance.

Art. 25 of the Employment Promotion Act.
This article refers to measures aiming at "employment placement intermediation, training for attainment of vocational qualification, alternative employment programmes" that have to be drafted by a team of representatives of the workers, the employer and the administration and to be submitted for approval to the Regional Employment Commission.

→ Section 99 LC states that: An employer considering the dismissal of more than one employee for economic reasons must consult with employee representatives and explore all possible solutions to maintain employment. These solutions may include: reduced working hours, shift work, part-time work, temporary layoffs, redeployment of staff, adjustments to bonuses, allowances, and benefits of any kind, or even salary reductions.
The employer is required to provide employee representatives with the information and documents necessary for internal negotiations, which must not exceed eight days.
Following internal negotiations, if an agreement is reached, a memorandum of understanding specifying the agreed measures and their period of validity is signed by the parties and sent to the labour inspector for information.
→ Section 101 LC provides that: When the negotiations provided for in Section 99 above have not resulted in an agreement, or if, despite the measures envisaged, certain dismissals prove necessary, the employer shall draw up a list of the workers to be dismissed, along with the criteria used, and communicate this list in writing to the employee representatives. The latter shall have a maximum of eight clear days to submit their observations.

→ Section 102 LC indicates that: The employer's communication and the response from the staff representatives are forwarded without delay by the employer to the labour inspector for any action he deems necessary to be taken within eight days of the date of receipt; after this period, and unless the parties agree otherwise, the employer is no longer required to postpone the implementation of his dismissal decision.

→ Section 99 LC indicates that: An employer considering the dismissal of more than one employee for economic reasons must consult with employee representatives and explore all possible solutions to maintain employment. These solutions may include: reduced working hours, shift work, part-time work, temporary layoffs, redeployment of staff, adjustments to bonuses, allowances, and benefits of any kind, or even salary reductions.
The employer is required to provide employee representatives with the information and documents necessary for internal negotiations, which must not exceed eight days.
Following internal negotiations, if an agreement is reached, a memorandum of understanding specifying the agreed measures and their period of validity is signed by the parties and sent to the labour inspector for information.
→ Section 101 LC provides that: When the negotiations provided for in Section 99 above have not resulted in an agreement, or if, despite the measures envisaged, certain dismissals prove necessary, the employer shall draw up a list of the workers to be dismissed, along with the criteria used, and communicate this list in writing to the employee representatives. The latter shall have a maximum of eight clear days to submit their observations.

No statutory provisions were found in the examined legislation in this respect.

No statutory provisions were found in the examined legislation in this respect.

→ Section 101 LC states that: When the negotiations provided for in Section 99 above have not resulted in an agreement, or if, despite the measures envisaged, certain dismissals prove necessary, the employer shall draw up a list of the workers to be dismissed, along with the criteria used, and communicate this list in writing to the employee representatives. The latter shall have a maximum of eight clear days to submit their observations.
Note should be taken that the reference is made to the "criteria used" as one of the elements to be transmitted to the workers' representatives for consultation; however, no criteria are listed in the LC.

→ Section 99 LC indicates that: An employer considering the dismissal of more than one employee for economic reasons must consult with employee representatives and explore all possible solutions to maintain employment. These solutions may include: reduced working hours, shift work, part-time work, temporary layoffs, redeployment of staff, adjustments to bonuses, allowances, and benefits of any kind, or even salary reductions.
The employer is required to provide employee representatives with the information and documents necessary for internal negotiations, which must not exceed eight days.
Following internal negotiations, if an agreement is reached, a memorandum of understanding specifying the agreed measures and their period of validity is signed by the parties and sent to the labour inspector for information.

▶ Labour Code
→ Section 104 LC does not refer to any priority right to re-employment as such, but stipulates that: if the economic situation of the enterprise improves, dismissed workers can be re-employed provided they fulfil the requirements for the positions.
▶ Inter-occupational Collective Agreement of July 1974
→ However, Section 34 of the Inter-occupational Collective Agreement expressly establishes a priority right for re-employment, indicating that: If, due to a decrease in the establishment's activity leading to the cases of internal reorganisation, the employer is required to carry out collective dismissals; they shall establish the order of dismissals, taking into account the professional qualifications, seniority in the establishment, and family responsibilities of the workers.
Employees with the least professional skills will be dismissed first, for positions that are maintained, and in the event of equal professional skills, those with the least seniority, seniority being increased by one year for married employees and by one year for each dependent child in accordance with the regulations governing family benefits.
The employer shall consult with the staff representatives on this matter and notify the competent authorities of the dismissal measures they are considering at least three months before issuing the dismissal notices. Workers thus dismissed have priority for rehiring for two years.

Sec. 95 LC

See Sec. 95 LC: notification to the Labour Inspector in the event of mass lay-off.
See also Sec. 21 LC: notification of every dismissal (not specific to collective dismissal)

Sec. 95 LC

No approval required. However, in exceptional cases, the Minister in charge of Labour can issue a ministerial order (Prakas) to suspend the lay off for a period not exceeding thirty days. The suspension may be repeated only one time by a Prakas of the Ministry (Sec. 95 LC).

Sec. 95 LC: The first workers to be laid off will be those with the least professional ability, then the workers with the least seniority. The seniority has to be increased by one year for a married worker and by an additional year for each dependent child.

Sec. 95 LC: The employer must solicit the worker's representatives for suggestions, primarily, on measures taken to minimize the effects of the reduction on the affected workers.

Sec. 95 LC: The dismissed workers have, for two years, priority to be re-hired for the same position in the enterprise.

→ Section 40(3) LC indicates that: To avoid dismissal on economic grounds, the employer who envisages such dismissal shall convene the staff representatives, where available, to seek with them and in the presence of the Labour Inspector of the area, other possibilities such as: reduction of working hours, shift work, part-time work, lay-off, review of various allowances and benefits and even wage cuts.
▷ Note: See also section 3 of the ARRÊTÉ N° 021/MTPS/SG/CJ of 26 May 1993 (Fixant les modalités de licenciement pour motif économique).

→ Section 40(3) LC indicates that: To avoid dismissal on economic grounds, the employer who envisages such dismissal shall convene the staff representatives, where available, to seek with them and in the presence of the Labour Inspector of the area, other possibilities such as: reduction of working hours, shift work, part-time work, lay-off, review of various allowances and benefits and even wage cuts.
→ Section 40(4) LC indicates that: At the end of negotiations, which shall not last more than 30 clear days, and if an agreement is reached, a statement shall be signed by both parties and the Labour Inspector explaining the measures adopted and their periods of validity.
→ Section 40(6)(d) LC provides for cases of dismissal on economic grounds, indicating that: The employer's notification and the reply from the staff representatives shall immediately be sent to the Labour Inspector of the area for arbitration.

→ Section 40(3) LC indicates that: To avoid dismissal on economic grounds, the employer who envisages such dismissal shall convene the staff representatives, where available, to seek with them and in the presence of the Labour Inspector of the area, other possibilities such as: reduction of working hours, shift work, part-time work, lay-off, review of various allowances and benefits and even wage cuts.
→ Section 40(6)(d) LC provides for cases of dismissal on economic grounds, indicating that: The employer's notification and the reply from the staff representatives shall immediately be sent to the Labour Inspector of the area for arbitration.
▷ Note: See also section 3 of the ARRÊTÉ N° 021/MTPS/SG/CJ of 26 May 1993 (Fixant les modalités de licenciement pour motif économique).

▷ Note: The term "approval" (of public administration) is used only to refer to the dismissal of the workers' representative. Regarding other workers, it's not clear whether the "arbitration" of labour inspectors, required under Section 40(6)(d) of the LC, is binding on the employer.
→ Section 40(6)(d) LC provides for cases of dismissal on economic grounds, indicating that: The employer's notification and the reply from the staff representatives shall immediately be sent to the Labour Inspector of the area for arbitration.
→ Section 40(7)(d) LC indicates that: Staff representatives may be dismissed only if their posts have been abolished and with the consent of the Labour Inspector of the area.

Approval of workers' representatives is not required.
▷ Note: In the absence of agreement between the employer and the staff representatives, the dispute is brought before the Labour Inspector for arbitration (§ 40(6)d) LC). However, the employer is not bound by the administration's decision.
(See: Paul-Gérard Pougoué, Code du travail annoté, 1997)

→ Section 40(6) LC provides that:
(a) Where the parties fail to reach an agreement after the negotiations provided for above, or where, notwithstanding the measures envisaged, certain dismissals are still necessary, the employer must determine an order of dismissals taking into consideration professional proficiency, seniority in the undertaking and the family responsibilities of workers. In any case, the order of dismissals must give precedence to professional proficiency.
(b) To obtain the opinions and suggestions of the staff representatives, the employers shall send them the list of workers he intends to dismiss, explaining the criteria used.
(c) The staff representatives shall be bound to forward their written reply to the employer within no more than eight clear days.
(d) The employer's notification and the reply from the staff representatives shall immediately be sent to the Labour Inspector of the area for arbitration.
▷ Note: See also Section 2 of the ARRÊTÉ N° 021/MTPS/SG/CJ of 26 May 1993 (Fixant les modalités de licenciement pour motif économique), which lists the criteria to be considered in the following order: professional skills, length of service and family responsibilities.

Under section 40 of the LC, alternatives to dismissal must be examined in the framework of the consultation process, but no formal agreement is required.
→ Section 40(3) LC indicates that: To avoid dismissal on economic grounds, the employer who envisages such dismissal shall convene the staff representatives, where available, to seek with them and in the presence of the Labour Inspector of the area, other possibilities such as: reduction of working hours, shift work, part-time work, lay-off, review of various allowances and benefits and even wage cuts.

→ Section 40(9) LC indicates that: A dismissed worker shall have prior claim, with equal professional proficiency, to employment in the same establishment for a period of two years.
▷ Note: See also section 4 of the ARRÊTÉ N° 021/MTPS/SG/CJ of 26 May 1993 (Fixant les modalités de licenciement pour motif économique).

As soon as notice has been submitted to the Minister and to the trade union or directly to the employees, the employer must set up a joint planning committee consisting of at least four members, half of whom should be representatives of the redundant employees and the others, representatives of the employer (sec. 214 CLC).

The objective of the joint planning committee is to develop an adjustment programme aimed at eliminating the necessity for the termination of employment, to minimizing the impact of the termination on the redundant employees and assisting them in obtaining other employment (sec. 221(1) CLC).

Sec. 212 CLC: the employer must give the Minister of Labour written notification at least 16 weeks before the date of the first dismissal. A copy of this notice should also be submitted to the Minister of Human Resources and Skills Development and the Canada Employment Insurance Commission.

Sec. 212(2) CLC: Written notification at least 16 weeks before the date of the first dismissal to any trade union representing the redundant employees concerned. Where any redundant employee is not represented by a trade union, a copy of that notice should be given to the employee or immediately posted by the employer in a conspicuous place within the industrial establishment in which that employee is employed.

Within the joint planning committee, the employer participates through its representatives to the development of the adjustment programme aimed at eliminating the necessity for the termination of employment, to minimizing the impact of the termination on the redundant employees and assisting them in obtaining other employment (sec. 221(1) CLC).

→ Section 158 LC indicates that: To gather their opinions and suggestions, the employer must provide, in writing, to the staff representatives any list of jobs eliminated or modified, as well as the list of workers proposed for dismissal, specifying the selection criteria chosen.
The staff representatives must send their responses and observations to the employer within 8 days of receiving the documents set forth in the first paragraph of this Section.
→ Section 159 LC provides that: Within eight days of the transmission to the Labour Inspectorate of the employer's communication, and where applicable, of the response from the staff representatives, the employer must seek further information with the representatives, if any, or with workers directly, if there are none, and in the presence of the Labour Inspector, all possible measures to avoid dismissals, including: reduction of working hours, shift work, part-time work, technical unemployment, revision of the company or establishment of a collective agreement or reduction of wages and contractual wage supplements.
▻ At the conclusion of negotiations, which must not exceed thirty days from the date the Labour Inspector receives the file transmitted to him/her as required under Section 158, paragraph 4, if an agreement has been reached, a report signed by the employer, on the one hand, the Labour Inspector, on the other hand, and the staff representatives, if any, or failing that, the duly authorized representatives of the workers, specifies the measures adopted and the duration of their application. (...).

→ Section 158 LC indicates that: To gather their opinions and suggestions, the employer must provide, in writing, to the staff representatives any list of jobs eliminated or modified, as well as the list of workers proposed for dismissal, specifying the selection criteria chosen.
The staff representatives must send their responses and observations to the employer within eight days of receiving the documents set forth in the first paragraph of this Section.
Upon expiry of the period stipulated in the preceding paragraph, the employer's communication, and where applicable, the response from the staff representative, shall be forwarded without delay to the relevant Labour Inspector. If there is no staff representative, the employer's communication, as provided for in the first paragraph of this Section, shall be sent directly to the Labour Inspector.
→ Section 159 LC provides that: Within eight days of the transmission to the Labour Inspectorate of the employer's communication, and where applicable, of the response from the staff representatives, the employer must seek further information with the representatives, if any, or with workers directly, if there are none, and in the presence of the Labour Inspector, all possible measures to avoid dismissals, including: reduction of working hours, shift work, part-time work, technical unemployment, revision of the company or establishment of a collective agreement or reduction of wages and contractual wage supplements. (...).

→ Section 158 LC provides that: The employer must provide in writing to the staff representatives, the list of jobs lost or changed and the list of workers it intends to terminate, specifying the selection criteria chosen.

▷ No explicit requirement for "approval by Labour Inspector". The Labour Code provides for consultation and validation of a potential agreement in negotiations.
→ Section 159 LC indicates that: At the end of the negotiations (which should not exceed thirty days from the date of receipt by the Labour Inspector of the file transmitted), if an agreement is reached, a minutes signed by the employer on the one hand, the Labour Inspector, on the other hand, and the staff representatives, specifies the measures used and the duration of their application.

▷ No explicit requirement for "approval by workers' representatives". The Labour Code provides for consultation and validation of a potential agreement in negotiations.
→ Section 159 LC provides that: At the end of the negotiations (which should not exceed thirty days from the date of receipt by the Labour Inspector of the file transmitted), if an agreement is reached, a minutes signed by the employer on the one hand, the Labour Inspector, on the other hand, and the staff representatives, specifies the measures used and the duration of their application.

▷ Professional skills, length of service, family responsibilities and age.
→ Under Section 158 of the LC: First, shall be dismissed:
▻ workers with the least professional skills,
▻ The least senior in the company;
▻ With equal seniority, those with the fewest family responsibilities, and
▻ With equal family responsibilities, the youngest.

No statutory provision was found in the legislation reviewed.

▶ Labour Code
→ Section 161 LC provides that: The worker thus dismissed retains for one year the priority for re-employment in the same job category.
▻ To benefit from these provisions, those concerned must, within one month of being dismissed, apply for reemployment and respond to any job offer that may be made to them by appearing within the time limits set by the employer.
▶ Collective Agreement
→ Section 14 of the General Collective Agreement states that: A worker dismissed as a result of job elimination or staff reduction retains priority for hiring in the same job category for two (2) years.

30 days in advance: sec. 62 (2) LC.

30 days in advance: sec. 62 (4) LC.

Sec. 62 (2), (5) LC.

No criteria listed in the legislation.
However sec. 62 (2) e) and 62 (4) state that the selection criteria should be one of the elements to be communicated to the labour office and to the trade union within the framework of the process of consultation.

Sec 62 (3) LC refers to the purpose of consultation being "to reach an agreement, in particular with regards to measures aiming at prevention or reduction of collective dismissals, the mitigation of their adverse implications for employees, especially the possibility of their placement in suitable jobs at the other employer's places of work".
However, the formal adoption of a social plan is not a requirement.

Art. 162 LC: notification to the Labour Inspectorate at least 30 days in advance. Notification shall take place prior to any dismissal (concerning 1 or more workers) based on operational requirements of the undertaking as defined in art. 161 (1) LC.

→ Section 41 ECL requires explanation to be provided to the trade union, indicating that: If, in any of the following circumstances, an employing unit needs to cut employment by more than 20 persons, or by less than 20 persons, which, however, accounts for more than 10 per cent of the total number of the enterprise’s employees, it may do so after it explains the situation to the trade union or all of its employees 30 days in advance, (...).

→ Section 41 ECL requiers submission of the employers plan for cutting employment to the administrative department of labour indicating that: If, in any of the following circumstances, an employing unit needs to cut employment by more than 20 persons, or by less than 20 persons, which, however, accounts for more than 10 per cent of the total number of the enterprise’s employees, it may do so after it explains thee situation to the trade union or all of its employees 30 days in advance, solicits opinions from among them and submit its plan for cutting employment to the administrative department of labour: (...).

→ Section 41 ECL provides for 30 days in advance, indicating that: If, in any of the following circumstances, an employing unit needs to cut employment by more than 20 persons, or by less than 20 persons, which, however, accounts for more than 10 per cent of the total number of the enterprise’s employees, it may do so after it explains the situation to the trade union or all of its employees 30 days in advance, (...).
▷ Also, the ECL requiers that the employer notifies the trade union in advance of the reasons for unilateral termination and consider the trade union’s opinion. However, the trade union’s approval or consent is not required. The employer may proceed after considering the opinion and notifying the trade union in writing of the outcome.
→ Section 43 ECL states that: Where an employing unit intends to revoke a labour contract unilaterally, it shall notify the trade union of the reasons in advance. If the employing unit violates the provisions of laws or administrative regulations or the labour contracts, the trade union shall have the right to demand that the employing unit put things right. The employing unit shall consider the trade union’s opinion and notify the trade union in writing of the settlement of the matter.

No statutory provisions were found in the examined legislation in this respect.

No statutory provisions were found in the examined legislation in this respect.

→ Section 41(4)(1 to 3) ECL indicates that : (...).When cutting employment, the employing unit shall continue to employ the following persons by giving priority to them:
(1) persons who have concluded fixed-term labour contracts for a relatively long term with the employing unit;
(2) persons who have concluded open-ended labour contracts with the employing unit; and
(3) persons none of whose other family members has a job or who have an elder or minor depending on their support.

→ Section 41 ECL indicates that: If, in any of the following circumstances, an employing unit needs to cut employment by more than 20 persons, or by less than 20 persons, which, however, accounts for more than 10 per cent of the total number of the enterprise’s employees, it may do so after it explains the situation to the trade union or all of its employees 30 days in advance, solicits opinions from among them and submit its plan for cutting employment to the administrative department of labour:

→ Section 41 ECL provides for a preferential right to re-employment for 6 months, indicating that: (...). If an employing unit that has cut its employment pursuant to the provisions in the first paragraph of this section goes to recruit employees anew within six months, it shall give notification to the laid-off persons and, under equal conditions, recruit them before others.

Sec. 4 & 5 CDA

Sec. 6 CDA.
Sec. 21 TEA.

Sec. 4 & 5 CDA

Article 4:
(2) Consultations will cover at least the following topics:
(a) Possible ways and means of avoiding collective redundancies, or reducing the number of affected employees, and
(b) the ways and means of mitigating the consequences of collective redundancies by recourse to social measures aimed, inter alia, at re-employment or retraining of redundant workers.

Sec. 4 CDA

Sec. 22 TEA (within 8 months following redundancy and subject to the operational needs of the enterprise)

Article 67 Act 50/1990: The employer, contemplating collective dismissals for economic reasons, must request a prior authorisation from the Ministry of Labour and Social Security. At the same time, the employer has to inform in writing the workers about such a request.

Article 67 of Act 50/1990 that changed Article 40 of Decree-Law 2351 of 1965.

See Article 67 of Act 50/1990: The employer, contemplating collective dismissals for economic reasons, must request a prior authorisation from the Ministry of Labour and Social Security. At the same time, the employer has to inform in writing the workers about such a request.

Article 49 of the Labour Code: mandatory notification to the labour inspector (former art. 51).

Article 49 of the Labour Code: Mandatory notification to the workers' representatives

Article 49 of the Labour Code: prior to a dismissal motivated by a decrease in the activity of the undertaking or internal reorganization, the employer must establish an order of dismissal in particular taking into account the professional qualifications, seniority and family responsibilities of workers.

Article 50 of the Labour Code - during 2 years after the dismissal for economic reasons. [Note: the article number has changed in the new LC (former art.52 now art. 50), but its content has remained unchanged].

▶ LC 2021
→ Section 78 LC requires the employer to notify the administration in the event of an economic dismissal. When employers plan to lay off one or more employees for economic reasons, they must follow a prescribed procedure. The Labour Inspector ensures that the employer complies with this procedure and the criteria used for selecting employees for dismissal. If the procedure or criteria are not followed, the Labour Inspector notifies the employer in writing, and the employer must respond before proceeding with the dismissals.

▶ LC 2002
→ Section 78 of the LC.
▶ Ministerial Order No. 12 (2005)
Sections 4, 5 and 7 of Ministerial Order No. 12/CAB.MIN/TPS/116/2005, dated 26 October 2005, provides for notification to the public administration.
→ Under section 4, mass dismissals based on the operational requirements of the undertaking must be authorised by the Ministry of Labour. The procedure for mass dismissals due to operational necessities or economic reasons, as defined in sections 62 and 78 of the LC 2002, applies when the number of affected employees meets or exceeds the thresholds specified in section 1 of the Ministerial Order No. 12. In such cases, the employer, after consulting and involving the trade union delegation and representatives of respective professional organisations, must submit a request for dismissal authorisation to the Minister of Labour and Social Welfare. The Minister must make a decision within 45 calendar days after notifying relevant ministers overseeing economic relations with the enterprise, establishment, or service. If no decision is made within this period, the request is deemed approved.
→ Under section 5, dismissals connected to the operational requirements of the enterprise, which do not amount to mass dismissal as defined in section 1 (see definition above), must be notified to and authorised by the labour inspector.
→ Under section 7, dismissals based on economic reasons of one or more workers, which do not reach the required numbers for mass dismissal, shall be notified to and approved by the labour inspector.

▶ LC 2002
→ Under section 78 of the LC, the employer planning to dismiss one or more employees for economic reasons must inform the workers' representatives in the company in writing at least fifteen days in advance. This notification must outline the measures the employer intends to take, with the purpose of gathering suggestions from the representatives before proceeding with the dismissals.

▶ Ministerial Order No. 12 (2005)
Sections 4, 5 and 7 of Ministerial Order No. 12/CAB.MIN/TPS/116/2005, dated 26 October 2005, provides for approval of the public administration.
→ Under section 4, mass dismissals based on the operational requirements of the undertaking must be authorised by the Ministry of Labour. The procedure for mass dismissals due to operational necessities or economic reasons, as defined in sections 62 and 78 of the LC 2002, applies when the number of affected employees meets or exceeds the thresholds specified in section 1 of the Ministerial Order No. 12. In such cases, the employer, after consulting and involving the trade union delegation and representatives of respective professional organisations, must submit a request for dismissal authorisation to the Minister of Labour and Social Welfare. The Minister must make a decision within 45 calendar days after notifying relevant ministers overseeing economic relations with the enterprise, establishment, or service. If no decision is made within this period, the request is deemed approved.
→ Under section 5, dismissals connected to the operational requirements of the enterprise, which do not amount to mass dismissal as defined in section 1 (see definition above), must be authorised by the labour inspector.
→ Under section 7, dismissals based on economic reasons of one or more workers, which do not reach the required numbers for mass dismissal, shall be approved by the labour inspector.

→ Section 78 of the LC outlines the requirements for an employer planning to dismiss one or more employees for economic reasons. The employer must follow a specific order of dismissals based on professional qualifications, seniority in the establishment, and the worker’s family responsibilities. At least fifteen days in advance, the employer must inform workers’ representatives in writing of the intended measures to gather their suggestions. Priority for dismissal is given to workers with the least professional aptitude for the remaining roles; in cases of equal aptitude, those with less seniority are dismissed first, with seniority increased by one year for married workers and one year per dependent child as per section 7 of the Labour Code.

→ Section 78 of the LC, provides for the reemployment priority for workers dismissed for economic reasons. A dismissed worker retains priority for rehiring in the same job category for one year. During a second year, this priority continues, but rehiring may be subject to a professional trial or probationary period, not exceeding the trial period set by the collective agreement or, in its absence, section 43 of the Labour Code (one month for unskilled laborers, six months for others). The worker must inform the employer of any address changes after leaving the company. If a vacancy arises, the employer must notify the worker via registered letter with acknowledgment of receipt or hand-delivered letter to the worker’s last known address. The worker must report to the company or establishment within a maximum of fifteen days from receiving the notification.

Art. 24 (3) LSA:
Consultation with the workers' representatives shall take place prior to any dismissal for managerial reasons regardless of the number of employees concerned.

At least 30 days in advance: art. 10 ED-LSA and 24 (4) LSA.

Art. 24 (3) LSA: 50 days in advance.
Notification to the workers' representatives shall take place prior to any dismissal for managerial reasons regardless of the number of employees concerned.

No statutory selection criteria for collective dismissals. However, art. 24 (2) LSA provides that the employer shall select workers to be dismissed by establishing rational and fair criteria and that there shall be no discrimination on the basis of gender.

Art. 24 (1) LSA: Obligation to make every effort to avoid dismissal.

Art. 25 (1) LSA: preference for re-employment for 3 years from the date of the lay-off.

There is no legal norm, but it can be regulated by collective bargaining agreement.

There is no legal norm, but it can be regulated by collective bargaining agreement.

There is no legal norm, but it can be regulated by collective bargaining agreement.

The new Ordinance No. 2021-902 Of December 22, 2021, Amending Law No. 2015-532 Of July 20, 2015, Enacting the Labour Code (Ratified by Law No. 2023-594 Of 07/06/2023) and it's application Decree No. 2024-144 of March 13, 2024, defines collective dismissal as a dismissal resulting from job elimination or transformation due to technological changes, restructuring, or economic difficulties threatening the company's financial stability.

▷ Dismissal for economic reasons
→ Section 18.10 LC mandates that before carrying out a dismissal for economic reasons, the company head must hold an information and explanation meeting. This meeting is with the employee representatives, who can be accompanied by their union representatives. It is chaired by the labour inspector at the local labour inspection office.

▶ Decree n°2024-144 du 13 Mars 2024:
Pursuant to the new amendment made to Section 18.11 of the Labour Code by Ordinance No. 2021-902 of December 22, 2021, the Decree n°2024-144 du 13 Mars 2024 has been issued, aiming to establish the terms of application of the provisions relating to collective dismissal for economic reasons.

→ Section 6 of the Decree No. 2024-144 indicates that: The complete dismissal file must be submitted to the staff representatives for their information, to the National Council for Social Dialogue for its advice and proposals, and to the local Labour Inspector for approval. This must be done at least fifteen (15) working days before the information meeting scheduled for this purpose.

→ Under Sections 3 to 5 of the Decree No. 2024-144 on Collective Dismissal Documentation:
→ Section 3 indicates: Any file for a collective dismissal due to economic reasons must include specific documents based on the stated reason for the dismissal.
→ Section 4 states that: The following documents are required for all collective dismissals files:
▻ An official letter signed by the employer. For a company, the legal representative or an authorized agent must provide their name, title, and signature.
▻ A presentation note about the company.
▻ A document detailing the reasons for the planned dismissal, the criteria used to select employees, and the dates of the information meeting with the Labour Inspector and the dismissal itself.
▻ A list of all company employees and a separate list of the employees targeted for the dismissals.
▻ A list of staff representatives, including their phone numbers and/or email addresses. If the company does not have enough employees to require staff representatives, a list and contact information for the affected workers must be provided instead.
▻ A registration certificate for the employees from the Social Security Institution (IPS-CNPS).
▻ The business registration certificate or any other document proving the legal existence of the company.

→ Section 5 stipulates that: Additional documents are required depending on the reason for the planned dismissals:
▻ Restructuring:
• The employer must provide a technical note that explains the purpose and benefits of the planned restructuring.
▻ Economic Difficulties Leading to Financial Imbalance:
• The file must include certified balance sheets for the three fiscal years preceding the current year. For the current year, if the balance sheets are not yet finalized, VAT declarations or account balances are required to assess the company's financial situation.
▻ Cessation of Activity or Closure:
• A document confirming the cessation of activities, such as a decision from the general assembly of associates or shareholders, or from the legal representative of a sole proprietorship.
• A tax declaration of business cessation issued by the General Directorate of Taxes.
▻ End of Subcontracting, Jobbing, or a Project:
• If the dismissals is due to the loss of a subcontracting or jobbing contract, the employer must provide a copy of the contract they had with the client company.
• If the dismissals is due to the end of a project, lack of funding, or the suspension or termination of a grant, the employer must provide a document proving the stated reason.

▶ Decree n°2024-144 du 13 Mars 2024:
Pursuant to the new amendment made to Section 18.11 of the Labour Code by Ordinance No. 2021-902 of December 22, 2021, the Decree n°2024-144 du 13 Mars 2024 has been issued, aiming to establish the terms of application of the provisions relating to collective dismissal for economic reasons.
→ Section 6 of the Decree No. 2024-144 indicates that: The complete dismissal file must be submitted to the staff representatives for their information, to the National Council for Social Dialogue for its advice and proposals, and to the local Labour Inspector for approval. This must be done at least fifteen (15) working days before the information meeting scheduled for this purpose.

▷ Labour Code: Dismissal for economic reasons
→ Section 18.11 LC (as modified by the Ordinance No. 2021-902 of December 22, and completed under Section 6 of the Decree n°2024-144).
→ Section 18.14 LC stipulates that when more than one employee is laid off for economic reasons, the employer must submit three copies of the complete file of the decision to the labour inspector. The employer must also provide a list of the laid-off workers to the authorities responsible for promoting re-employment and professional retraining.

▷ Interprofessional Collective Agreement of 19 July 1977 (ICA): Collective Dismissal for economic reasons
Section 16.1 ICA provides that when a dismissal for economic reasons involves more than one employee, the employer must submit three copies of the complete file of the decision to the Labour and Social Laws Inspector.

▷ Dismissal for economic reasons
→ Section 18.10 LC mandates that before carrying out a dismissal for economic reasons, the company head must hold an information and explanation meeting. This meeting is with the employee representatives, who can be accompanied by their union representatives. It is chaired by the labour inspector at the local labour inspection office.

▶ Decree n°2024-144 du 13 Mars 2024:
Pursuant to the new amendment made to Section 18.11 of the Labour Code by Ordinance No. 2021-902 of December 22, 2021, the Decree n°2024-144 du 13 Mars 2024 has been issued, aiming to establish the terms of application of the provisions relating to collective dismissal for economic reasons.
→ Section 6 of the Decree No. 2024-144 indicates that: The complete dismissal file must be submitted to the staff representatives for their information, to the National Council for Social Dialogue for its advice and proposals, and to the local Labour Inspector for approval. This must be done at least fifteen (15) working days before the information meeting scheduled for this purpose.

▷ Interprofessional Collective Agreement of 19 July 1977 (ICA)
→ Section 38 ICA provides for collective dismissal indicating that: If a company needs to carry out collective redundancies due to a decrease in activity or internal reorganization, the employer must determine the order of dismissals and carry out the required process, among others:
a) Seek authorization for the planned dismissals from the local Labour and Social Laws Inspector. The inspector must provide a decision within 15 days of receiving the request.
b) Consult with staff representatives for their opinion at least 8 days before issuing the dismissals notice.
c) Provide a list of the laid-off workers to the Ivory Coast Manpower Office.

▷ Interprofessional Collective Agreement of 19 July 1977 (ICA)
→ Section 38 ICA provides for collective dismissal, indicating that: If a company needs to carry out collective redundancies due to a decrease in activity or internal reorganization, the employer must, among others:
a) Seek authorization for the planned dismissals from the local Labour and Social Laws Inspector. The inspector must provide a decision within 15 days of receiving the request.
b) Consult with staff representatives for their opinion at least 8 days before issuing the dismissals notice.
c) Provide a list of the laid-off workers to the Ivory Coast Manpower Office.
▻ Failure to follow this procedure renders the collective redundancy decision void. Laid-off workers must then be reinstated and receive back pay for the period of contract suspension.
▻ If the collective redundancy is carried out according to the proper procedures outlined in this agreement, the laid-off workers will be given priority for re-employment as specified in the agreement.

No statutory requirement was identified in the reviewed legislation.

▷ Interprofessional Collective Agreement of 19 July 1977 (ICA)
→ Section 38 ICA provides for collective dismissal indicating that: If a company needs to carry out collective redundancies due to a decrease in activity or internal reorganization, the employer must determine the order of dismissals based on the following criteria:
• Professional skills
• Seniority within the company
• Family responsibilities
▻ Employees with the least professional aptitude for the jobs that are being maintained will be laid off first. If professional aptitude is equal, the least senior employees will be let go. Seniority is increased by one year for married employees and by one year for each dependent child, as defined by family allowance regulations.

▻To carry out this process, the employer must:
a) Seek authorization for the planned dismissals from the local Labour and Social Laws Inspector. The inspector must provide a decision within 15 days of receiving the request.
b) Consult with staff representatives for their opinion at least 8 days before issuing the dismissal notice.
c) Provide a list of the laid-off workers to the Ivory Coast Manpower Office.
▻ Failure to follow this procedure renders the collective redundancy decision void. Laid-off workers must then be reinstated and receive back pay for the period of contract suspension.
▻ If the collective redundancy is carried out according to the proper procedures outlined in this agreement, the laid-off workers will be given priority for re-employment as specified in the agreement.

No statutory requirement was identified in the reviewed legislation.

▷ Decree n°2024-144 du 13 Mars 2024 on procedures for implementing provisions related to collective dismissals for economic reasons, amending and modifying Section 18.11 of the LC in application of Ordinance No. 2021-902 of December 22, 2021:
→ Section 7 of the Decree No. 2024-144 indicates that: A worker who is dismissed due to a collective dismissal for economic reasons has a hiring priority for two years in the same job category.
▻ The worker with this priority must inform their former employer of any change in address after leaving the company.
▻ In return, the employer is required to notify the worker of any job openings by a method that leaves a written record.

▷ Interprofessional Collective Agreement of 19 July 1977 (ICA)
→ Under Section 13 ICA: A worker who is laid off due to a job being eliminated or a staff reduction retains hiring priority for two years in the same job category.
▻ To facilitate this process, the employer must first send a list of these workers with hiring priority to the Ivory Coast Manpower Office.
▻ Furthermore, a worker with hiring priority is required to notify their former employer of any address changes that occur after they have left the company.
Under Section 37 ICA, where an employee's contract has been suspended due to illness and the worker is unable to return to work after the period specified in law, the employer may permanently replace them. To do so, the employer must notify the employee by registered letter that the employment contract is being terminated.
▻ However, an employee who is replaced under these conditions retains a priority right to re-employment for one year. This period may be renewed one time.
→ Section 38 ICA provides for collective dismissal, indicating that: When collective dismissals are carried out in the manner provided for by this ICA (as per section 16.7 of the Labour Code), the dismissed workers will benefit from re-employment priority under the conditions set out in the 6th paragraph of Section 13 of this ICA.

According to article 56 of Labour Code, the employer, from the corresponding authorization, is obliged to previously inform the union organization at its level and the workers, about the application of the availability process, its organization and control.

According to article 55 of Labour Code, in the event of a declaration of availability (redundancy), the principle of demonstrated suitability governs the process of determining the workers who remain in the entity and those available, on the basis that each position is occupied by the most suitable worker, which should avoid any manifestation of predilction, as well as gender or other discrimination.

Sec. 5 - 6 CDA

Sec. 7 CDA

Sec. 5 - 6 CDA

Sec. 5 (2) CDA

Article 193 of Labour Code provides that If the employer reopens the same company or business within a period of one year, either directly or through an intermediary, he is obliged to admit the workers who served him, in the same conditions as before or in better conditions.

In the absence of any specified threshold for the application of those procedural requirements, it may be possible that they also apply to the termination of employment of one redundant worker.

→ Section 238 LL 2025 stipulates that: The employer must notify the workers and the concerned trade union organization of the request submitted, as well as the decision issued regarding the full or partial closure of the establishment, or the reduction of its size or activity. The implementation of this decision shall take place from the date specified by the committee that considered the request or the appeal, as the case may be.
→ Section 239 LL 2025 states that: In the case of partial closure or reduction in the size or activity of the establishment, if the applicable collective agreement in the establishment does not include objective criteria for selecting the workers to be laid off, the employer must consult with the concerned trade union organization on this matter, after the decision is issued and before its implementation.

▶ Labour Law 2025
→ Section 237 LL 2025 provides that: In applying the provisions of Section (236) of this Law, the employer must submit a request to close the establishment, or to reduce its size or activity, to a committee formed for this purpose.
▻ The request must include the reasons, circumstances, conditions, and procedures the employer relies on, as well as the number and categories of workers who will be laid off.
▻ The committee must issue its reasoned decision within a maximum of forty-five days from the date the request is submitted to it. If the decision is to approve the request, it must specify the implementation date.
▻ If the committee does not issue its decision within the mentioned period, it is considered implicit approval of the closure under the conditions and procedures submitted by the employer.
▻ The concerned party has the right to appeal the committee’s decision before another committee formed for this purpose, and the acceptance of the appeal will suspend the implementation of the committee’s decision.
▻ The Prime Minister shall issue a decision to form both committees mentioned in this Section, determine their competencies, the entities they represent, the procedures to be followed before them, and the appeal procedures and deadlines. The formation of the committees must include a representative from the concerned trade union organization and a representative from the concerned employers’ organization, nominated by each.
▶ Regulatory text: Prime Minister Decree No. 984 of 2003
▷ The committee in charge of deciding on such a request must consist of a representative nominated by the General Federation of Egyptian Trade Unions, a representative of an employers' organisation nominated by the concerned organisation, a technical and economic representative from the General Authority for Investment, and a representative from the National Social Insurance Authority. The chair is the concerned director of the Manpower and Emigration Directorate. The committee must prepare an argued decision, adopted by majority vote, within thirty days from the date of the submission of the request. (§§ 1 to 4 Decree No. 984 of 2003).

▶ Labour Law 2025
→ Section 238 LL 2025 stipulates that: The employer must notify the workers and the concerned trade union organization of the request submitted, as well as the decision issued regarding the full or partial closure of the establishment, or the reduction of its size or activity. The implementation of this decision shall take place from the date specified by the committee that considered the request or the appeal, as the case may be.
▶ Regulatory text: Prime Minister Decree No. 984 of 2003
→ Under Section 1 of the Decree No. 984 of 2003, the committee in charge of deciding on the request for closing the enterprise or reducing its size or activity must include a representative nominated by the General Federation of Egyptian Trade Unions.

▶ Labour Law 2025
→ Section 236 LL 2025 indicates that: The employer has the right, for economic necessities, to fully or partially close the establishment, or to reduce its size or activity, which may affect the workforce temporarily or permanently, in accordance with the conditions, procedures, and circumstances stipulated in this Law.
→ Section 237 LL 2025 provides that: In applying the provisions of Section (236) of this Law, the employer must submit a request to close the establishment, or to reduce its size or activity, to a committee formed for this purpose.
▻ The request must include the reasons, circumstances, conditions, and procedures the employer relies on, as well as the number and categories of workers who will be laid off.
▻ The committee must issue its reasoned decision within a maximum of forty-five days from the date the request is submitted to it. If the decision is to approve the request, it must specify the implementation date.
▻ If the committee does not issue its decision within the mentioned period, it is considered implicit approval of the closure under the conditions and procedures submitted by the employer.
▻ The concerned party has the right to appeal the committee’s decision before another committee formed for this purpose, and the acceptance of the appeal will suspend the implementation of the committee’s decision.
▻ The Prime Minister shall issue a decision to form both committees mentioned in this Section, determine their competencies, the entities they represent, the procedures to be followed before them, and the appeal procedures and deadlines.
▻ The formation of the committees must include a representative from the concerned trade union organization and a representative from the concerned employers’ organization, nominated by each.
▶ Regulatory text: Prime Minister Decree No. 984 of 2003
Under Section 3 of the Decree No. 984, within 30 days from the date of the submission of the request, the committee must issue a substantiated decision, adopted by majority of vote and approved by the concerned governor. In case of authorization of dismissals, the committee must indicate the date they become effective.
▷ Note that the LL 2025 and Decree No. 984 establish an appeal mechanism against the committee's decision before the Central Committee for complaints established in the Ministry of Manpower and Emigration (§§ 237 LL 2025 and 4 and 5 of the Decree No. 984)

▶ Labour Law 2025
→ Under Section 237 LL 2025, committees in charge of examination of an employer's request to close the establishment, or to reduce its size or activity, must include a representative from the concerned trade union organization and a representative from the concerned employers’ organization, nominated by each.
▶ Regulatory text: Prime Minister Decree No. 984 of 2003.
A worker's representative sits on the tripartite Committee in charge of approving the employer's request.
The decision must be taken by majority voting, and the participation of 3 members out of 4 is sufficient for the vote to be valid. (see above § 3 of the Decree No. 984 of 2003).

→ Section 239 LL 2025 states that: In the case of partial closure or reduction in the size or activity of the establishment, if the applicable collective agreement in the establishment does not include objective criteria for selecting the workers to be laid off, the employer must consult with the concerned trade union organization on this matter, after the decision is issued and before its implementation.
Seniority, family responsibilities, age, and workers' professional abilities and skills are among the criteria that can be used as guidance in this regard.
The competent minister shall issue a decision specifying the objective criteria for selecting the workers to be laid off, in consultation with the labour and employers' organizations.

▷ No statutory obligation. However, Section 241 LL 2025 stipulates that: Without prejudice to the provisions of Section 238 of this law, in cases where the employer has the right to terminate the employment contract for economic reasons, he/she may, instead of exercising this right, temporarily amend the terms of the contract. Specifically, the employer may assign the worker to tasks that were not agreed upon, even if they differ from his/her original duties, and may reduce the worker's salary, provided that it does not fall below the minimum wage.
If the employer modifies the terms of the contract in accordance with the first paragraph of this Section, the worker may terminate the contract without being obligated to provide notice. In this case, the termination is considered justified by both the employer and the worker.
In all cases, the worker is entitled to a severance payment equal to one month's wage for each of the first five years of service, and one and a half months wage for each year beyond that.

No statutory provisions were found in the LL 2025 in this respect.

However, prior judicial authorization is required in the folllowing cases:
- closure of all or part of the undertaking or establishment, or final reduction of the activities, resulting from the unprofitably of the business;
- business closure caused by the exhaustion of the substance exploited by the extractive industry (art. 49 LC).

The Federal Law on Labour Relations does not contain any provision on dismissals (individual or collective) for economic reasons.

No priority rules for collective dismissal as such. However, it is important to keep in mind that UAE nationals enjoy special protection against dismissal. Pursuant to the Ministerial Resolution No 176 of 2009, it is unlawful to dismiss a UAE national employee in 4 instance including: 1) where the UAE employee is dismissed for reasons other than those mentioned in Article 120 of the Labour Law (ie for reasons other than summary dismissal) (Article 1.1) or
2) if it is proven that the employer retains a non-UAE national who is performing work similar to that performed by the dismissed UAE national (Article 1.2).

Sec. 73(2) LC: negotiations with the employees' representatives shall start at least one month prior to the commencement of collective redundancies. If there are no employees' representatives in the workplace, the employer shall negotiate directly with the affected employees. The employer should negotiate measures enabling avoidance of collective redundancies of employees, or reduction thereof, mainly negotiate the possibility of placing them in appropriate employment at the employer's other workplaces, also subsequent to preceding preparation, and measures for mitigating the adverse consequences of collective redundancies of employees.

See sec. 73 (3) LC: written information identical to that provided to the employee's representatives shall be delivered to the Labour office.
Sec. 73 (4) LC: written information on the outcome of negotiations shall be submitted to the Labour office.
As a result of 2011 reform, the employer is no longer required to carry out compulsory negotiation with the Labour Office on alternatives to dismissal.

No criteria listed in the legislation.
However sec. 73 (2)e) and (3) state that the selection criteria should be one of the elements to be communicated to the worker's representatives and to the Labour Office within the framework of the negotiation process.

Sec. 73 (2 LC): There is an obligation on the part of the employer to negotiate with the employee's representatives "measures enabling avoidance of collective redundancies of employees, or reduction thereof, mainly negotiate the possibility of placing them in appropriate employment at the employer's other workplaces, also subsequent to preceding preparation, and measures for mitigating the adverse consequences of collective redundancies of employees".

As a result of the 2011 reform, the employer's is only required to carry out negotiations on alternatives to dismissal and measures with the employees' representatives and not any more with the labour administration.

There is no rehiring priority for redundant workers. Art. 61(3) LC only provides that employers cannot create the wound-up work post anew and employ another employee to the same post during a period of 2 months. However, it does not does not foresee that any such re-opened positions be offered first to the redundant workers.

Art. 99 of ERA provides the obligation to inform and consult the Union:
(1) The employer must inform the reasons for the termination of the redundancies, the number and categories of employees, the planned categories of redundancies, the expected time, which will stop the redundancies and the proposed criteria for determining redundancies written as previously inform the trade unions with the employer.
(2) The employer previously, with a view to reaching an agreement, consult with the trade unions with the employer about the proposed criteria for determining redundant workers in preparing the dismissal program for redundant workers, about possible ways to prevent and limit the number of cancellations and possible measures to prevent and mitigate harmful consequences.
(3) A copy of the written notice referred to in the first paragraph of this Article shall be sent to the employment services.

Article 100 of ERA regulates the notification to Employment Sevice regarding the need of dismissal of large number of worker, consultation ith the union, amount of redundancies to be paid, expected time and categories to be affected.
Note: collective dismissal can only take place after at least 30 days have expired from the notification to the Employment Service (paragraph 3).

See Article 99 of ERA, paragraphs 1 and 2.

However, consent is required prior to dismissal of a worker's or trade union representative for economic reasons, except when that worker refuses an offer of suitable alternative employment.

Article 102 of ERA lists criteria to be taken into account.

(1) An employer shall make a proposal of criteria for determining redundant workers. In agreement with the union, the employer may instead set out a new criteria in collective agreements for determining redundant workers.
(2) In determining the criteria for determining redundant workers into account in particular:
- worker's professional education or qualification for work and need additional skills and abilities,
- work experience,
- job performance,
- seniority,
- health conditions,
- worker's social condition
- parent of three or more children or the sole parent with children.

(3) In determining workers whose work has become redundant, under the same criteria priority shoudl take into account to retain workers with lower social status.
(4) The temporary absence of the employee from work due to illness or injury, care for a family member or a person with serious disability, parental leave and pregnancy should not be a criteria for determining redundancies.

Article 101 provides a list of obligations to be followed in relation to Dismissal Program for Redundant Workers, in which the employer must provide:
- the reasons for the termination of the redundancies,
- measures to prevent or maximum restrictions on termination of employment of workers, the employer must check the possibility of continued employment under changed conditions,
- a list of redundancies,
- the measures and criteria for the selection of measures to mitigate the adverse consequences of the termination of the employment relationship, such as offer employment with another employer, providing financial assistance, the provision of assistance to start self-employment, purchase of insurance period.

In addition, Article 103 provides that the employer must consider and take into account any proposals from Employment Service of possible measures for preventing or limitation of termination of employment of workers and measures to mitigate the adverse effects of termination of employment.

Art. 51 ET: An employer who intends to carry out collective dismissals must consult the legal representative of the workers. Consultation with the legal representatives of the workers should not last more than 30 calendar days, or 15 days in the case of enterprises with fewer than 50 workers and must cover the reasons for the collective dismissal, alternatives to dismissal and measures necessary to reduce adverse effects on workers.

Art. 51(2) ET: An employer who intends to carry out collective dismissals must notify the competent labour authority.

Art. 51(2) ET.

Art. 51 ET.
As from Royal Decree Law 3/2012, approval of public authorities is no longer needed to carry out a collective dismissal.

In the event of collective dismissal, workers' representatives will be the last to be dismissed. However, as a result of Royal Decree Law 3/2012, it will be also possible to establish other priority rules through collective agreements, such as for people with family responsibilities, disabilities or people above certain age (art. 51(5) ET).

Art 51 ET and Royal Decree 1483/2012 of 29 October 2012.

The consultation process must cover measures aimed at avoiding or reducing the effects of dismissal (art. 51(2) ET).

Since 2012, art. 51(2) includes examples of such measures; it now expressly refers to redeployment, training and re-training.

No general statutory obligation.
However, for an employer whose employees are represented by a union, a change made to terms and conditions of employment that are mandatory subjects of bargaining (which may include a plant closure or mass lay off) carry an obligation to bargain with the union under Section 8(a)(5) of the NLRA, 29 USC § 158(a)(5), if the change is "material and substantial" (see Fresno Bee, 339 NLRB 1214 (1993); NLRB v. Katz, 369 U.S. 736, 743 (1962)).
Assuming that the decision to relocate work or close a plant with the result of collective dismissals represent a "material and substantial" change, see above) an employer must bargain with the bargaining representative of the employees over the effects. So called 'effects bargaining' must occur before the decision is implemented. Good Samaritan Hospital, 335 NLRB 901, 902 (2001); Kiro, Inc., 317 NLRB 1325, 1327 (1995); John R. Crowley & Bros., 297 NLRB 770 (1990).
The bargaining obligation requires only that the employer negotiate in good faith with the union until an agreement is reached or the parties arrive at impasse. If the parties arrive at a good faith impasse, the employer is entitled to implement its final proposal at that time (29 U.S.C.A. § 158(a)(5)).

Although the WARN Act does not require notice to a federal labour authority, it does impose on employers of over 100 employees an obligation to provide 60 days' advance notice in writing to the State Rapid Response Dislocated Worker Unit and to the appropriate unit of local government in cases of plant closure or mass layoff meeting the statutory definitions (29 U.S.C.A. § 2102 (a)(2))

1) The WARN Act imposes on employers of over 100 employees an obligation to provide 60 days advance notice in writing to each representative of the affected employees or, if there is no such representative, to each affected employee 29 U.S.C sec. 2102 (a)(1).

2) In addition, an employer whose employees are represented by a union has an obligation, under Section 8(a)(5) of the NLRA, 29 U.S.C .A. § 158(a)(5), and relevant Board law, to bargain with the representative of its employees over the effects of a decision to close a plant or transfer a bargaining unit work. Although there is no fixed notice period, Board law makes clear that the employer must provide sufficient notice to permit meaningful effects bargaining prior to implementation of the decision. See First National Maintenance Corp. V. NLRB, 452 U.S. 666, 681-682 (1981).

Although there is no federal law in regard to priority in layoffs, all collective-bargaining agreements contain seniority provisions which are nearly always applicable to selection for lay off. Thus, an employer whose employees are represented by a union will generally be required by the terms of the collective-bargaining agreement to lay off bargaining unit employees in reverse seniority order. In addition, many collective-bargaining agreements contain "bumping" provisions, permitting employees laid off at a particular location from bumping into positions of less senior employees at other locations.

For an employer whose employees are represented by a union, however, assuming it represents a "material and substantial" change, the decision to relocate work or close a plant with the result of mass layoffs will require the employer to bargain with the union over the effects of the decision prior to implementation. Such effects bargaining may well include discussion of reassignment or relocation of affected employees.

For an employer whose employees are represented by a union, however, the collective-bargaining agreement setting forth terms and conditions of employment almost always contains a seniority provision applicable to both layoff and recall of bargaining unit employees, providing for recall in order of seniority.

Art. 101 ECA: Before an employer decides on collective dismissal, he/she shall consult the employees' representatives or if there are no representatives, with each of the employees well in advance with the aim of reaching an agreement on the prevention of the planned dismissals or reduction of the number of dismissals and mitigation of their consequences, including job-seeking assistance or re-training of the employees to be made redundant.
For the purposes of consultations, the employer shall provide the employees' representatives in a timely manner with any and all necessary information about the planned collective redundancies. The employer shall submit, in a format which can be reproduced in writing, the following information:
1) the reasons for the collective dismissal;
2) the number and job titles of the employees;
3) the number and job titles of the employees and the criteria for selecting the employees to be made redundant:
4) the period during which the employment contracts are to be terminated;
5) the method of calculation of the compensation to be paid to the employees in addition to the benefits provided by law or the collective agreement.

Arts. 101(3) and 102 ECA:
The employer is required to submit and information about the collective dismissals and information about consultations to the structural unit of the Estonian Unemployment Insurance Fund in writing.

Art. 101 ECA.

Since the entry into force of the ECA (July 1st, 2009) approval by the administration in no longer required. Note that, under the previous Employment Contract Act (1992), before undertaking collective dismissals, the employer had to obtain the approval from the Labour Inspectorate.

Arts. 89(4) and 89(5) ECA: during the redundancy selection, the employer must respect the principle of equal treatment. Workers' representatives and workers raising children under three have the preferential right of keeping their job.

Art. 89(3) ECA provides that before terminating an employment contract on the grounds of redundancy, an employer shall, where possible, offer another job to an employee, except in case of bankruptcy. An employer shall, where necessary, organise an employee's in-service training or change the employee's working conditions, unless the changes cause disproportionately high costs for the employer.
See also art. 101(1) ECA: Before an employer decides on collective dismissal, he/she shall consult the employees' representatives or if there are no representatives, with each of the employees well in advance with the aim of reaching an agreement on the prevention of the planned dismissals or reduction of the number of dismissals and mitigation of their consequences, including job-seeking assistance or re-training of the employees to be made redundant.

The employer must consult with the trade union on measures to avert or minimize terminations and mitigate adverse effects.

→ Section 29 (3) LP states that:
Whenever a reduction of workforce takes place in accordance with Section 28 (3) of this Proclamation, the employer shall conduct consultation with a Trade Union or workers’ representatives in order to retain workers having skills and higher rate of productivity in their posts. In case of comparable skill and rate of productivity, the workers to be affected first by the reduction shall be in the following order:
a) Those having the shortest length of service in the Undertaking;
b) Those having fewer dependents;
c)The reduction shall affect first workers except those that are listed under (d) up to (e) of this Sub-section;
d) Those employees with disability;
e) Those who sustained employment injury in the Undertaking;
f) Workers’ representatives; and
g) Expectant mothers and mothers within four months post-natal.

No explicit statutory requirements were identified. However, note must be taken of the provisions of Section 19 LP on "Duty to inform", which indicates that: in order to suspend rights and obligations arising from contract of employment are suspended in accordance with Section 18 (5) or (6) above the employer shall inform the Ministry or the competent authority in writing with in three working days of the occurrence of
the ground for suspension.

→ Section 29 (3) LP states that:
Whenever a reduction of workforce takes place in accordance with Section 28 (3) of this Proclamation, the employer shall conduct consultation with a Trade Union or workers’ representatives in order to retain workers having skills and a higher rate of productivity in their posts. (…).

No explicit statutory requirements were identified.

No explicit statutory requirements were identified.

The 2019 Proclamation outlines a specific order of redundancy reduction.
→ Section 29 (3) LP states that:
Whenever a reduction of workforce takes place in accordance with Section 28 (3) of this Proclamation, the employer shall conduct consultation with a Trade Union or workers’ representatives in order to retain workers having skills and higher rate of productivity in their posts. In case of comparable skill and rate of productivity, the workers to be affected first by the reduction shall be in the following order:
a) Those having the shortest length of service in the Undertaking;
b) Those having fewer dependents;
c)The reduction shall affect first workers except those that are listed under (d) up to (e) of this Sub-section;
d) Those employees with disability;
e) Those who sustained employment injury in the Undertaking;
f) Workers’ representatives; and
g) Expectant mothers and mothers within four months post-natal.

No explicit statutory requirements were identified. However, under Section 29(3) the employer has an obligation to consult the union on measures to "avert or minimize" terminations, such as finding alternative employment.

No statutory requirement has been identified regarding priority rules for re-employment following a redundancy.

However, "YES" for parties to a collective bargaining agreement (CBA).

Art. 298 LC: notification to the Ministry of Labor and Employment at least one month before the intended date.

Art. 273 of LC (grievance machinery and voluntary arbitration) : It is mandatory for the parties to a collective bargaining agreement to establish a machinery for the adjustment and resolution of grievances arising from the intepretation or implementation of their CBA and those arising from the intepretation or enforcement of company personnel policies.

However, "YES" for parties to a collective bargaining agreement (see above).

Sec. 45-51 ACU.
Note that section 47 differentiates information requirements based on the number of employees concerned by the dismissal (under or above 10 employees).
When the dismissal concerns less than 10 employees over a period of 90 days, information shall be directly given to the employees or their representatives if the employees so request.

Sec. 48 ACU: applicable to the economic dismissal of one or more employees.
Section 3a has been repealed by Act 204/2017.

Sec. 45-51 ACU on negotiation.
Sec. 53 ACU on communication of the employer's report regarding the decisions adopted on the basis of the negotiation.

Sec. 49-50 ACU.

Sec. 6, chapt. 6, ECA: “If an employee is given notice on the basis of chapter 7, sections 3 or 7, and the employer needs new employees within four months of termination of the employment relationship for the same or similar work that the employee given notice had been doing, the employer shall offer work to this former employee if the employee continues to seek work via an Employment and Economic
Development Office. However, if the employment relationship has lasted without interruption for at least 12 years prior to its termination, the re-employment period shall be six months."

* Dismissals concerning less than 10 employees over a 30 day period: art. L 1233-8 to L 1233-10. In enterprises with at least 11 employees, a newly created body, the social and economic committee, needs to be consulted, art. L 1233-8 LC.
* Dismissals concerning 10 or more employees over a 30 day period: art. L 1233-28 to L 1233-33 LC. The social and economic committee needs to be consulted, art. L 1233-28 LC.

(Criminal penalties for failure to observe those requirements: art. L1238-2 LC)
If a company with at least 1000 employees intends to close an establishment and such a decision would lead to collective dismissals, it must inform and consult the social and economic committee, including on any take-over proposal it wishes to accept. Art. L 1233-57-9 to L 1233-57-11 and art. L 1233-57-15 to L 1233-57-19 LC.

* Less than 10 employees over a 30 day period of time: art. L 1233-19 LC.
* 10 or more employees over a 30 day period: art. L 1233-46 LC.

+ Criminal penalties for failure to observe the notification requirement: art. R1238-2 (less than 10 employees) and art. L 1238-4 LC (10 or more employees).
A company with at least 1000 employees must inform immediately the administrative authority and the mayor of the municipality concerned of any intention to close an establishment when such a decision would lead to collective dismissals. Art. L. 1233-57-12 and L 1233-57-13 LC.

* Less than 10 employees over 30 days: art. L 1233-8 to L 1233-10. In enterprises with at least 11 employees, notification needs to be made to the social and economic committee, art. L 1233-8 LC.
*10 or more employees over 30 days: art. L 1233-28 to L 1233-33 LC. Notification needs to be made to the social and economic committee, art. L 1233-28 LC.

A company with at least 1000 employees must inform the social and economic committee of any intention to close an establishment when such a decision would lead to collective dismissals. See art. L. 1233-57-9 to L 1233-57-11, art. L 1233-57-15 to art. L 1233-57-20 LC.

Intervention of the administration in companies not subject to the obligation to establish an employment safeguard plan (plan de sauvegarde de l’emploi), the administration verifies the regularity of the procedure (with regard to information to the workers' representatives, adoption of social plan): See L 1233-53 and L 1233-56 LC.

Note: Companies subject to the obligation to establish an employment safeguard plan are those with at least 50 employees that intend to proceed to the dismissal of at least 10 employees over a 30-day period, art. L.1233-61 LC.

When the establishment of an employment safeguard plan is mandatory, its content may be determined by collective agreement (art. L 1233-24-1 to L 1233-24-3 LC). In the absence of a collective agreement, it is established by the employer (art. 1233-24-4 LC). The collective agreement or the document unilaterally established by the employer must be submitted to the administrative authorities for approval (see art. 1233-57-1 to art. 1233-57-8 LC).
Further, approval of the labour inspectorate is requested prior to dismissal of some protected workers (i.e. trade union rep.: art. L 2411-3 LC).

Art. L 1233-5 LC:
In the absence of a collective agreement, the employer defines the criteria used to determine the order in which the dismissals will take place, after consultation with the social and economic committee. These criteria take into consideration, among others:
1) family responsibilities
2) length of service
3) the situation of employees whose re-entry in the labour market is difficult for social reasons (in particular for elderly employees and persons living with a disability)
4) professional skills.
The employer can give more weight to one of these criteria, provided that the other criteria are taken into consideration.

A collective dismissal can only take place after having made every possible training and adaptation effort and if the redeployment of the employee concerned, in the same company or in another company of the same group, appears not to be possible. A redeployment can only take place in companies whose organization, activities or place of operation provides for the rotation of all or part of the staff (art. L1233-4 LC).
A mandatory "employment safeguard plan" (plan de sauvegarde de l'emploi) to avoid dismissals or limit their number, for companies with more than 50 employees in case of a collective dismissal concerning 10 or more employees over a 30 day period: art. L 1233-61 to L 1233-64 LC. The dismissal procedure is invalid in the absence of a decision by the administrative authority to approve the employment safeguard plan (art. L. 1235-10 LC).

In addition, in companies with at least 1000 employees, the employer must propose to the employees concerned a “reclassification leave” (congé de reclassement) of up to 12 months (art. L. 1233-71). In companies that are not subject to this obligation, the employer must propose a “professional employability agreement” (contrat de sécurisation professionnelle) (art. L.1233-66).

When a company with at least 1000 employees intends to close an establishment and such a decision would lead to collective dismissals, it must look for a take-over business and provide a reasoned response to any take-over offer. See art. L. 1233-57-14 LC.

In case of economic dismissal : preferential rehiring during a 1-year period, upon request of the employee: art. L 1233-16 and L 1233-45 LC.
See also art. L 1235-13 LC: non-observance of the preferential right to re-employment entails payment of a compensation of a least 2 months' wages.

The procedures established by the LC apply to both individual and collective dismissals based on economic grounds (except for the social plan that is only mandatory when the dismissal affects at least 10 employees).

→ Under section 74 of the LC 2021, an employer contemplating individual or collective dismissals for economic reasons must provide staff representatives, union representatives, and committee members with pertinent details regarding the proposed layoffs. This includes the economic, financial, or technical justifications for the dismissals, as well as information about the workers at risk, specifically, their number, professional qualifications, nationality, seniority, age, and family situation. Similar information should also be supplied for those with comparable qualifications who are not subject to the dismissal measure.
▻ Staff representatives, union delegates, and members of the permanent economic and social consultation committee have eight working days to review the employer’s proposed dismissal plan. After this period, the employer must hold a consultation meeting with these groups. The meeting must be documented in a report that includes their opinions, suggestions, proposals, and a provisional dismissal schedule.

→ Under section 71 of LC 2021, any dismissal, whether individual or collective, due to economic reasons, requires authorisation from the appropriate labour inspector.

→ Under section 74 of the LC 2021, an employer considering making an individual or collective dismissal for economic reasons is required to provide staff representatives, the representatives of the most representative union, and members of the standing committee for economic and social consultation with information on the planned dismissals.

→ Under sections 71 and 72 of LC 2021, approval by the Labour Inspector is required for any individual or collective dismissal on economic grounds.

→ Under section 74 of the LC 2021, the employer is required to implement a social plan, in cooperation with relevant employment authorities, to mitigate dismissals or facilitate the reclassification of affected staff. This obligation arises in cases of collective dismissals involving at least ten employees due to economic reasons.

→ Under section 74 of the LC 2021, an employer planning individual or collective dismissals for economic reasons must inform staff representatives, union representatives, and the economic and social consultation committee about the planned dismissals. This information should include the economic, financial, or technical justification for the dismissals, as well as details about the affected workers, such as their qualifications, nationality, seniority, age, and family situation. Additionally, it should provide information about workers with similar qualifications who will not be affected by the dismissal. The employer is further required to outline measures to avoid or reduce the number of dismissals and strategies for the reclassification of staff whose dismissal is unavoidable, as well as a social plan and its funding, in coordination with the national employment management body or the relevant public employment service, to support the affected workers.

→ Under section 75 of the LC 2021, workers who have been laid off for economic reasons are entitled to priority hiring for one year if the company that dismissed them reopens or creates new positions in their field.

Art. 38.1 LC

→ Section 65 (1)(b) LA indicates that: “the employer shall consult the trade union concerned on measures to be taken to avert or minimize the termination as well as measures to mitigate the adverse effects of any terminations on the workers concerned such as finding alternative employment.”

→ Section 65 (1)(a) LA stipulates that: “the employer shall provide in writing to the Chief Labour Officer and the trade union concerned, not later than three months before the contemplated changes, all relevant information including the reasons for any termination, the number and categories of workers likely to be affected and the period within which any termination is to be carried out.”

→ Section 65 (1)(a) LA indicates that: The employer shall provide in writing to the Chief Labour Officer and the trade union concerned, not later than three months before the contemplated changes, all relevant information, including the reasons for any termination, the number and categories of workers likely to be affected and the period within which any termination is to be carried out.”

No explicit statutory approval is required to effect a redundancy.

No statutory approval from workers' representatives is required.

The Act does not provide a fixed formula for priority selection. However, consideration must be given to the provisions of Section 65 LA.
→ Section 65 (1)(b) LA: “the employer shall consult the trade union concerned on measures to be taken to avert or minimize the termination as well as measures to mitigate the adverse effects of any terminations on the workers concerned such as finding alternative employment.”

→ Section 65 (1)(b) LA indicates that: The employer is required to consult the trade union concerned on measures to be taken to avert or minimize the termination, as well as measures to mitigate the adverse effects of any terminations on the workers concerned such as finding alternative employment.

No statutory requirement regarding priority rules for re-employment following a redundancy has been identified.

Act 1387/1983, art. 3 and 5.
The consultation period shall last 320 days from the date of notification to the workers' representatives (art. 5(1)). During the consultation process, the parties must examine ways to avoid dismissals or reduce their number or adverse effects (art. 3(1)).

Following consultation, the employer must notify their outcome to the Supreme Labour Council. (The Supreme Labour Council is a special committee within the Ministry of Labour, which consists of an equal number of representatives from the State, the employees' associations and the employers' associations, see Art. 25(3) (7B) of the Presidential Decree. 368/1989)
If the parties reach an agreement, the employer can proceed with the collective dismissals, according to the terms of the agreement, after a 10-day period (art. 5(3)).
If the parties do not reach an agreement, the Supreme Labour Council (SCL) must determine whether the employer has fulfilled all of his or her obligations to consult with the worker representatives and to notify the authorities. If it finds that the obligations have been fulfilled, the employer can proceed withthe collective dismissals after a 20-day period. If the SCL finds that the obligations have not been fulfilled and that more consultations are necessary, it can extend the consultation period or set the employer a deadline to fulfill his or her obligations (art. 5(3)). However, in any case, the dismissals must be declared valid if no agreement is reached within 60 days after the SCL has first been notified by the employer.
The above consultation procedure is not necessary in cases in which the business activities of the employer have been stopped or are withheld by a court order (art. 5(4)).

Law 1387/1983, Art. 3(1) imposes an obligation on the employer to submit to the prefecture and the competent labour inspectorate copies of the documents stipulated in art. 3(2), i.e. the documents addressed to the workers’ representatives, which contain information concerning the reasons for dismissals, the number and categories of workers that may be subject to redundancy, the number and categories of persons normally employed at the undertaking or establishment during the time of the dismissals, and so on. Art. 3(3) also provides that if the undertaking or establishment has subsidiaries in different administrative regions, the relevant documentation should be submitted to the Minister of Labour and the labour inspectorate that is located where all or most of the dismissals are due to take place. The notification of the documents to the public authority aims at the provision of all necessary information concerning the dismissals. Importantly, Law 1387/1983 does not stipulate that the public authority has the right to intervene during the actual consultation between management and the workers’ representatives, or to identify solutions for the avoidance or reduction of dismissals. When the consultation process between management and the workers’ representatives is concluded, the minutes are submitted by the employer to the Prefect or to the Minister of Labour, in line with art. 3(3) of Law 1387/1983 (see art. 5(1)).

In January 2014, the SLC unanimously decided that in order for it to formulate a “motivated opinion” on the employer’s decision on planned collective dismissals, it should proceed to examine the dossier containing the information on the enterprise, the collective dismissal plan and the consultation minutes as well as any other accompanying elements.238 The January 2014 Decision also outlines the elements of these documents in greater detail. The dossier on the enterprise includes its financial and economic situation during the last three years, information on the workforce and the reasons for the necessity to proceed to collective dismissals. The collective dismissal plan must contain references to the number of employees to be dismissed, the criteria for the selection of the employees under the plan, the timeline for the implementation of the dismissals and proposed measures to mitigate the consequences of the dismissals. Finally, the consultation minutes must make reference to the location and time of the meetings, the participants, the information provided by the employer, the information on any proposals submitted by the workers’ representatives, and the outcome of the consultation. As the SLC is not a legislative body, the content of Law 1387/1983 has not been amended by the SLC Decision. As such, the Minister or Prefect retains the power to prohibit or authorize the dismissals in cases where the parties fail to reach an agreement. However, the Decision has put renewed emphasis on the role of the SLC under art. 5(3) of Law 1387/1983. (Source: Report on collective dismissals: A comparative and contextual analysis of the law on collective redundancies in 13 European countries /Nicola Countouris, Simon Deakin, Mark Freedland, Aristea Koukiadaki, Jeremias Prassl; International Labour Office. – Geneva: ILO, 2016 https://www.ilo.org/wcmsp5/groups/public/---ed_dialogue/---ed_dialogue_msu/documents/publication/wcms_541637.pdf)

Under the Law No. 4472/17 (2017), the body responsible for collective redundancies is the Supreme Council of Labour (SCL) and its Department for the Control of Collective Redundancies, with equal tripartite representation of the state, employees and employers.

Act 1387/1983, art. 3: the employer must inform the workers' representatives of the proposed collective dismissal, indicate the reasons for it and provide other information as required by the law (i.e the number and categories of employees concerned, the criteria used to select the employees, the period over which the collective dismissal will be carried out).

Law No. 4772/2017 recently amended Law 1387/1983. As a result, collective redundancies, following the failure of the consultations, take place without the approval of the administration, since the Prefect or the Minister of Labor has no right to extend consultations or submit a veto for all or part of the planned redundancies, as it was defined before by Art. 5 (3) of Law 1387/1983.

Act 1387/1983, art. 5: No approval is required as such: If the parties reach an agreement, the employer can proceed to the collective dismissals according to the terms of the agreement after a 10 day period. However, if no agreement is reach, the competent public authority will issue a decision on the collective dismissals within 10 days, allowing or rejecting partly or wholly the proposed dismissals.

No rules on the determination of selection criteria in the legislation reviewed. Selection criteria are only referred to in art. 3(2) of Act 1387/1983 as part of the information to be transmitted to employee's representatives within the framework of the notification and consultation process.

Employers can draft a social plan but do not have to (art. 3(4) of Act 1387/1983; art. 3(4) of Act 1387/1983). The consultation process shall address ways to avoid dismissals or reduce their number or adverse effects (art. 3(1), Act 1337/1983, art. 3(4) of Act 1387/1983)

As previously described, when the work contract is terminated without a cause due to insolvency, bankruptcy or partial or extrajudicial liquidation of the company; it is the General Labour Inspectorate, or the Labour and Social Welfare Courts, if litigation has already arisen, that must discretely graduate the amount of the company's obligations as regards for dismissal, considering the parameters set out bu articles 82, 83, 84 and 85 of Labour Code.

There is no statutory rule in relation to re-employment after economic reasons dismissals.
However, in accordance with article 13 Labour Code, it is forbidden employing less than ninety percent of Guatemalan workers and paying them less than eighty-five percent of the total wages accrued in their respective companies, except as established in particular by special laws and also according to the exclusions established in the article itself.

The procedural requirements reviewed in this section apply to the suspension of an employment contract for certain reasons listed in the law, which include economic reasons.
That procedure is relevant to dismissal for economic reasons insofar as the suspension of a contract (for economic reasons) for more than 120 days is a valid cause for termination of employment by either parties in the Labour Code. There are no additional specific procedural requirements for terminating those employment contracts which have been suspended for economic reasons.

Art. 102 LC requires the employer to notify in writing the workers affected by the suspension at least 30 days in advance and to send a copy of this notification to the Ministry of Labour and Social Welfare.
The suspension of employment contracts for economic reasons shall be authorized by the Ministry of Labour and Social Welfare (La Secretaría de Trabajo y Previsión Social): art. 101 LC.

No obligation to notify the workers' representatives of the suspension. The law only requires the employer to notify in writing the workers affected by the suspension at least 30 days in advance and to send a copy of this notification to the Ministry of Labour and Social Welfare (art. 102 LC).

The suspension of employment contracts for economic reasons shall be authorized by the Ministry of Labour and Social Welfare (La Secretaría de Trabajo y Previsión Social): art. 101 LC.

Sec. 72(1) LC

Sec. 72(5) LC and Sec. 74 LC

Sec. 72(1) LC

No criteria listed. Selection criteria are mentioned in sec. 72(2) LC as one of the elements to be communicated to the worker's representatives during the consultation process.

Sec. 72(4) of the LC: potential ways of avoiding of dismissals or possible tools of mitigating of the negative consequences are mandatory topics in the course of the consultation with the workersu2019 representatives.

This is applicable only in the case of industries employing more than 50 workers.

Sec. 25FFA IDA states the following:
(1) An employer who intends to close down an undertaking shall serve, at least sixty days before the date on which the intended closure is to become effective, a notice, in the prescribed manner, on the appropriate Government stating clearly the reasons for the intended closure of the undertaking:

Provided that nothing in this section shall apply to:
(a) an undertaking in which:
(i) less than fifty workmen are employed, or
(ii) less than fifty workmen were employed on an average per working day in the preceding twelve months,
(b) an undertaking set up for the construction of buildings, bridges, roads, canals, dams or for other construction work or project.

Also see section 25-O providing for 90 days notice) i.e. for establishments covered by Chapter V-B (100 workers or more).

Sec. 25N IDA (applicable only to industries with 100 or more workers) prescribes for the prior permission of the appropriate Government in case of the retrenchment of the worker who has been in continuous service with the employer for not less than one year.

Sec. 25G IDA states the following: "Where any workman in an industrial establishment, who is a citizen of India, is to be retrenched and he belongs to a particular category of workmen in that establishment, in the absence of any agreement between the employer and the workman in this behalf, the employer shall ordinarily retrench the workman who was the last person to be employed in that category, unless for reasons to be recorded the employer retrenches any other workman"

Sec. 25H IDA reads as following: "Where any workmen are retrenched, and the employer proposes to take into his employ any persons he shall, in such manner as may be prescribed, give an opportunity to the retrenched workmen who are citizens of India to offer themselves for reemployment, and such retrenched workmen who offer themselves for reemployment shall have preference over other persons".

There are no specific regulations or additional requirements for collective dismissals. Therefore, notification requirements applicable to individual dismissals remain applicable.

Art. 151 (2) MA: general rule not specific to economic dismissals.
Art. 151(2) MA requires that termination be negotiated.
Negotiation will involve the worker's representative only if the employee belongs to a trade union. If not, the negotiation will take place between the worker and employer.

Bi-partite negotiations between the employer and the employee are compulsory in the event the employee belongs to a trade union (art. 150 (2) MA). For non-unionized workers, the bipartite negotiation will take place between the worker and employer.

Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court now sentences in last resort.

Art. 150 (1) MA stipulates that: "the employer, the worker and/or the trade union, and the government must make all efforts to prevent termination of employment".
According to the explanatory notes attached to the Manpower Act 2003, under the above mentioned article "the phrase make all effort under this subsection refers to positive activities or actions which may eventually prevent termination of employment from happening , including among others, arrangement of working time, saving measures, restructuring or reorganization of working methods, and efforts to develop the worker/labourer".

Article 9 of the Law on Facilitating the Modernization of the Country's Industries and Amending Article (113) of the Law of the Third Economic, Social and Cultural Development Plan (2003) (URL: https://rc.majlis.ir/fa/law/show/93957):

Art. 9: "In order to improve the quality and productivity, the human resources of industrial companies shall be determined with the participation of the workers' organization and the management of each company. In case of agreement between the parties in the field of required and surplus manpower, the surplus workforce shall be covered by unemployment insurance by receiving at least two months of the last wage and benefits for each year of work experience in the unit or in any other way that is agreed upon, in accordance with the provisions of paragraph (a) of Article (7) of the Unemployment Insurance Law approved on June 16, 1990. In the event of failure to reach an agreement between the single labour organization and the employer, the matter will be referred to a working group consisting of government representatives (the Ministries of Industries and Mines, Labour and Social Affairs, and the Management and Planning Organization of the country) and the Social Security Organization and the Supreme Employer and Labour Organizations, and according to the opinion of the said committee, the surplus workers will be paid the annual rights stipulated in the Labour Law in accordance with the provisions of paragraph (a) of Article (7) of the Law Unemployment insurance approved in 1990.09.16 are covered by unemployment insurance."

Only if the parties do not reach an agreement.

See article 9 of the Law on Facilitating the Modernization of the Country's Industries and Amending Article (113) of the Law of the Third Economic, Social and Cultural Development Plan (2003). (URL: https://rc.majlis.ir/fa/law/show/93957):

Art. 9: "In order to improve the quality and productivity, the human resources of industrial companies shall be determined with the participation of the workers' organization and the management of each company. In case of agreement between the parties in the field of required and surplus manpower, the surplus workforce shall be covered by unemployment insurance by receiving at least two months of the last wage and benefits for each year of work experience in the unit or in any other way that is agreed upon, in accordance with the provisions of paragraph (a) of Article (7) of the Unemployment Insurance Law approved on June 16, 1990. In the event of failure to reach an agreement between the single labour organization and the employer, the matter will be referred to a working group consisting of government representatives (the Ministries of Industries and Mines, Labour and Social Affairs, and the Management and Planning Organization of the country) and the Social Security Organization and the Supreme Employer and Labour Organizations, and according to the opinion of the said committee, the surplus workers will be paid the annual rights stipulated in the Labour Law in accordance with the provisions of paragraph (a) of Article (7) of the Law Unemployment insurance approved in 1990.09.16 are covered by unemployment insurance. […]."

Article 9 of the Law on Facilitating the Modernization of the Country's Industries and Amending Article (113) of the Law of the Third Economic, Social and Cultural Development Plan (2003). (URL: https://rc.majlis.ir/fa/law/show/93957):

Art. 9: "In order to improve the quality and productivity, the human resources of industrial companies shall be determined with the participation of the workers' organization and the management of each company. In case of agreement between the parties in the field of required and surplus manpower, the surplus workforce shall be covered by unemployment insurance by receiving at least two months of the last wage and benefits for each year of work experience in the unit or in any other way that is agreed upon, in accordance with the provisions of paragraph (a) of Article (7) of the Unemployment Insurance Law approved on June 16, 1990. In the event of failure to reach an agreement between the single labour organization and the employer, the matter will be referred to a working group consisting of government representatives (the Ministries of Industries and Mines, Labour and Social Affairs, and the Management and Planning Organization of the country) and the Social Security Organization and the Supreme Employer and Labour Organizations, and according to the opinion of the said committee, the surplus workers will be paid the annual rights stipulated in the Labour Law in accordance with the provisions of paragraph (a) of Article (7) of the Law Unemployment insurance approved in 1990.09.16 are covered by unemployment insurance. […]."

The administration will act only in the absence of agreement between the employer and the workers' representatives.
See article9 of the Law on Facilitating the Modernization of the Country's Industries and Amending Article (113) of the Law of the Third Economic, Social and Cultural Development Plan (2003). (URL: https://rc.majlis.ir/fa/law/show/93957):
(...)
Art. 9: "[…]. In the event of failure to reach an agreement between the single labour organization and the employer, the matter will be referred to a working group consisting of government representatives (the Ministries of Industries and Mines, Labor and Social Affairs, and the Management and Planning Organization of the country) and the Social Security Organization and the Supreme Employer and Labor Organizations, and according to the opinion of the said committee, the surplus workers will be paid the annual rights stipulated in the Labor Law in accordance with the provisions of paragraph (a) of Article (7) of the Law Unemployment insurance approved in 1990.09.16 are covered by unemployment insurance. […]."

Article 9 of the Law on Facilitating the Modernization of the Country's Industries and Amending Article (113) of the Law of the Third Economic, Social and Cultural Development Plan (2003). (URL: https://rc.majlis.ir/fa/law/show/93957):

Art. 9: "In order to improve the quality and productivity, the human resources of industrial companies shall be determined with the participation of the workers' organization and the management of each company. In case of agreement between the parties in the field of required and surplus manpower, the surplus workforce shall be covered by unemployment insurance by receiving at least two months of the last wage and benefits for each year of work experience in the unit or in any other way that is agreed upon, in accordance with the provisions of paragraph (a) of Article (7) of the Unemployment Insurance Law approved on June 16, 1990. […]."

No information in the current legislation.

Remark: there is no provision for priority rules for collective dismissal in the private sector. However, regarding the collective dismissal of civil servants, the regulation on Assignment of those employees of ministries, institutions and organisations responsible for the National Employment Law and other non-covered government institutions that the relevant ministry has recognized as redundant (1979) (URL: https://rc.majlis.ir/fa/law/show/104561), requires ministries and institutions to reassign redundant official and non-official employees to other government agencies through the Ministry of Labour and Social Affairs. These employees would continue to receive their salaries and benefits for up to six months from their original institutions. If they were not reassigned within this period, they would either retire, be placed on standby, or be dealt with according to other regulations.

There is no information in the current legislation.

There is no information in the current legislation.

Article 4, Article 5 and Article 24 of Law No. 223 of 1991. Employers must carry out a preliminary mandatory information and consultation procedure with the works councils and trade unions. This statutory procedure is structured in two phases and it may last up to 75 days from its start.

To start the first phase of the statutory procedure, the employer must send a communication to the works councils and the trade unions signing the national collective bargaining agreement, informing them about the envisaged redundancy. A copy of this communication must also be sent to the Ministry of Labour (if the procedure regards offices in more than one region) and to the territorial labour offices in each province where the envisaged redundancy will be carried out. The unions may, within seven days of receipt of the letter, request that a meeting be held to discuss the possibility of avoiding or reducing the redundancies. This first phase must be completed within 45 days.

If no agreement with the unions is reached, a second phase of consultation must take place over the next 30 days. This is conducted before the Ministry of Labour. At the end of this second phase of consultation, or if in the meantime an agreement with the unions is reached, the employer may give written notice of dismissal to the employees concerned, in compliance with the notice periods provided by the national collective bargaining agreements. Communication of the dismissal must be given to the relevant employees within 120 days of the end of the second phase of consultation or of the date of stipulation of the agreement with the unions, unless a longer period is agreed with the unions. The employer must give the relevant information regarding the employees actually made redundant to the Ministry of Labour, the competent regional labour offices, and the unions, by sending a specific notice.

Article 4 and Article 24 of Law No. 223 of 1991. See previous point.

Article 4, Article 5 and Article 24 of Law No. 223 of 1991. See previous point.

Article 5 of Law No. 223 of 1991. One of the main purposes of the meeting with the unions is to identify the selection criteria of employees to be made redundant: these criteria cannot be decided by the employer at its own discretion.
Without an agreement with the unions on the selection criteria, statutory criteria apply (last-in-first-out, family members, organizational and technical needs).
The chosen criteria of selection must allow for a strict and objective ranking of employees to be made redundant, in order to prevent cherry picking by the employer. An employer can give priority to one of selection criteria, but only provided that all of them are used in the selection process of the employees to be made redundant.

Article 4 of Law No. 223 of 1991. The first phase of the mandatory information and consultation procedure with the unions is intended to analyse whether there are alternatives to dismissals and, if there are not, whether certain measures aimed at facilitating retraining of the employees to be made redundant can be adopted. However, the adoption of a ‘social plan’ is not required and an agreement with the unions providing for alternative measures to dismissals is optional.

Article 8 of Law No. 223 of 1991, referring to Article 15 (6) of Law No. 264 of 1949. Priority rule for re-employment for the six months following the dismissal.

"Yes" for collective dismissals due to economic reasons involving more than 30 employees within one month for the establishment of a re-employment assistance plan.
"No" for ordinary collective dismissals.

•Statutory obligations to consult with the trade union on the "re-employment assistance plan" (sec. 24 (2) ACPLP).

Sec. 24(1): If an employer carries out a downscaling of its operations, etc. prescribed by Ordinance of the Ministry of Health, Labour and Welfare that is expected to compel a considerable number of its workers to separate from employment at any of its places of business, the employer must formulate a plan for measures to support such workers in finding new employment (hereinafter referred to as a "New Employment Support Plan") pursuant to the provisions of Ordinance of the Ministry of Health, Labour and Welfare.
Sec. 24(2): In formulating a New Employment Support Plan pursuant to the provisions of the preceding paragraph, the employer must hear the opinion of the labour union, if the place of business under the New Employment Support Plan has a labour union composed of a majority of the workers, or must otherwise hear the opinion of a representative of the majority of the workers, if the place of business does not have such a labour union. The same applies if the employer seeks to modify the New Employment Support Plan.

"Yes" only in case of reduction of more than 30 employees.
Statutory obligation to notify the Minister of Labour in the event of workforce reduction involving more than 30 employees within one month (sec. 27(1) ACPLP).
In addition, the employer must establish a "re-employment assistance plan" and submit for approval to the Chief of Public Employment Security Office (sec. 24 of ACPLP) if the workforce reduction is due to economic reasons.

In case of a dismissal of 30 employees or more within one month due to economic reasons, statutory obligations exist to consult with the trade union or workers’ representatives on the "re-employment assistance plan" (sec. 24(2) of ACPLP).

In addition, according to case-law, mandatory information to and consultation with the trade union on the reasons for dismissal, timing, scale and its methods, are part of the requirements which must be satisfied for an adjustment dismissal (regardless of the threshold) to be considered valid.

Administrative authorization of the dismissal is not required.
The employer is only required to obtain the approval of the administration with regard to the "re-employment assistance plan" (sec. 24(3) of ACPLP) in cases of a dismissal of 30 employees or more within a month due to economic reasons.

No statutory selection criteria.
However, according to case-law, the use of reasonable criteria (objective standards) is one of the requirements which must be satisfied for an adjustment dismissal to be considered valid (see remark under definition of collective dismissal).

The legislation only regulates the employer's obligations with regards to post-dismissal effects insofar as the employer is required "to formulate a plan concerning measures for assisting the re-employment of the workers who will unavoidably lose their jobs" (sec. 24(1) of ACPLP) concerning a dismissal of 30 employees or more within a month due to economic reasons.

However, case-law as established the obligation to make reasonable efforts to avoid dismissals as part of the four requirements which must be satisfied for an adjustment dismissal regardless of the threshold to be considered valid (see remark under definition of collective dismissal).

Art. 31 B) LL provides that "The Minister shall form a committee of the three production parties [= tripartite committee] to verify the validity of the procedures taken by the employer and provide its recommendation in this regard to the Minister within a period not exceeding fifteen days from the date of providing the notification".

Art. 31 A) LL: The employer shall notify the Minister of Labour of any intended collective termination or suspension of employment contracts in writing and indicate the reasons justifying it.

Art. 31 B) LL provides that "The Minister shall form a committee of the three production parties [= tripartite committee] to verify the validity of the procedures taken by the employer and provide its recommendation in this regard to the Minister within a period not exceeding fifteen days from the date of providing the notification".

The Minister can approve or reject the procedure followed by the employer. See art. 31 C) LL:
"C. The Minister shall issue his decision in relation to the recommendation [of the so-called "committee of the three production parties" = tripartite committee established by him] during seven days from the date of submitting it whether by approving the procedures of the employer or reconsidering such procedures".

Not in the LL.

Art. 31 E) LL: "The employees whose services have been terminated in accordance with paragraph (A,B) of this article may return to their work during a year from the date of their leaving work if the work has returned to its previous state and their reemployment with the employer was permissible."

Article 28.2(2) of the Law on Employment: The employer has to notify, one month in advance, the public service of employment about any contemplated redundancies.

Art. 78 LC

Art. 78 LC

Art. 78 LC

Art. 85 LC

Art. 78 LC

▷ No statutory obligation.

▶ However, Paragraph 20 (1) of the Labour Code (Codes of Good Practice) Notice No. 4 of 2003 (soft law, not legally binding) on "Selection criteria" Indicates that: If one or more employees are to be selected for dismissal from a number of employees, the criteria for their selection should be agreed with the trade union. If criteria are not agreed, the criteria used by the employer must be fair and objective.

▷ In addition, such practice has been established by case law.
For example, in the decision Serame Khampepe v. Muela Hydropower Project Contractors and four others (1997), the Labour Court, basing itself on the ILO Convention 158 and case law of South Africa, ruled that as a matter of precedent, "an employee earmarked for retrenchment must be notified in good time of the intended action and consulted on alternatives". "The established principle however is that where employees are members of a trade union or some other collective bodies, it is sufficient for the employer to consult with such a union and or/collective bodies".
(see:http://compendium.itcilo.org/en/compendium-decisions/labour-court-of-lesotho-serame-khampepe-v.-muela-hydropower-project-contractors-and-four-others-2-september-1999-no.-lc-29-97)

There is no requirement for notification of administration in cases of collective dismissal or retrenchment.

▷ No statutory obligation.

▶ However, under paragraph (19) Before an employer dismisses an employee, the employer must process the dismissal fairly. In principle, this means that the employer must -
(a) give the reasons for the proposed dismissal to the employee before making the decision to dismiss;
(b) give the employee an opportunity to respond to those reasons before making a decision to dismiss; and
(c) permit the employee to be represented in the proceedings by a workplace union representative or a co-employee.

▷ Additionally, this has been established by case law.
For example, in the decision Serame Khampepe v. Muela Hydropower Project Contractors and four others (1997), the Labour Court, basing itself on the ILO Convention 158 and case law of South Africa, ruled that as a matter of precedent, "an employee earmarked for retrenchment must be notified in good time of the intended action and consulted on alternatives". "The established principle however is that where employees are members of a trade union or some other collective bodies, it is sufficient for the employer to consult with such a union and or/collective bodies".
(see: http://compendium.itcilo.org/en/compendium-decisions/labour-court-of-lesotho-serame-khampepe-v.-muela-hydropower-project-contractors-and-four-others-2-september-1999-no.-lc-29-97)

There is no requirement for approval of public administration in cases of collective dismissal or retrenchment.

There is no requirement for approval of workers' representatives in cases of collective dismissal or retrenchment.

▷ No statutory provision.
▶ However, the 2003 Codes of Good Practice (not legally binding), in paragraph 20 stipulates that selection criteria shall be discussed with the trade union and refers to length of service, skills, affirmative action and qualifications as criteria generally accepted as fair.
▻ Paragraph 20 (1) If one or more employees are to be selected for dismissal from a number of employees, the criteria for their selection should be agreed with the trade union. If criteria are not agreed, the criteria used by the employer must be fair and objective.
(2) Criteria that infringe a right protected by the Labour Code when they are applied can never be fair. These include selection on the basis of union membership or activity, pregnancy or other discriminatory ground.
(3) Selection criteria that are generally accepted as fair include length of service, skills, affirmative action and qualifications.

▷ No legally binding provision.
▶ However paragraph 19 (4 to 6) Codes of good practice (not binding) places an obligation on the employer to negotiate with a trade union/ employees’ representatives to reach agreement on alternatives to dismissals such as transfer to other jobs, lay off; or steps to minimize the dismissals such as voluntary retrenchment packages, early retirement etc.
▻ 19 (4)- The obligations placed on an employer are both procedural and substantive. The purpose of negotiation is to permit the parties, in the form of a joint problem-solving exercise, to reach agreement on:
– alternatives to dismissals such as transfer to other jobs, lay off;
– criteria for selecting the employees for dismissal such as last-in-first-out (LIFO) subject to special skills and affirmative action.
– steps to minimize the dismissals such as voluntary retrenchment packages, early retirement etc;
– conditions on which dismissals take place such as the timing, severance pay etc;
– steps to avoid the adverse effects of the dismissals such as time off to seek work, social plans etc.
▻ 19 (5)– In order for this to be effective, the negotiation process should commence as soon as a reduction of the workforce through retrenchment or redundancies is contemplated by the employer so that possible alternatives can be explored. The obligation to negotiate in good faith requires that negotiations begin as soon as a reduction of the workforce is contemplated and should be long enough for the union to -
(a) meet and report to employees;
(b) meet with the employer; and
(c) request, receive and consider all the relevant information to enable the trade union to inform itself of the relevant facts for the purpose of reaching agreement with the employer on possible alternative solutions and if necessary, find alternative employment in the business or elsewhere.
▻ 19 (6)- The more urgent the need by the business to respond to the factors giving rise to any contemplated termination of employment, the more truncated the negotiation process might be. Urgency may not, however, be induced by the failure to commence the negotiation process as soon as a reduction of the workforce was likely. On the other hand, the parties who are required to reach agreement must meet, as soon and as frequently, as may be practicable during the negotiation process.

▷ No statutory provision.
▷ However, section 21 of the 2003 government notice on the code of good practice (not legally binding) provides for preferential re-hiring and conditions for its application.
21. (1) Retrenched employees should be given preference if the employer again hires employees with comparable qualifications, subject to –
(a) the employee, after having been asked by the employer, and having expressed within a reasonable time from the date of dismissal a desire to be re-hired; and
(b) a time limit on preferential re-hiring should also ideally form the subject of agreement between the employer and the union.
(2) If the above conditions are met, the employer must take reasonable steps to inform the employee, including notification to the representative trade union, of the offer of employment.

Art. L. 166-2 du Code du travail (tel qu'amendé par la loir du 23 juillet 2015):
(1) Avant de procéder à des licenciements collectifs, l’employeur est tenu de procéder en temps utile à des négociations avec les représentants des salariés en vue d’aboutir à un accord relatif à l’établissement d’un plan social.
(2) Sous peine de nullité, les négociations porteront obligatoirement en premier lieu sur les possibilités d’éviter ou de réduire le nombre des licenciements collectifs ainsi que sur les possibilités d’en atténuer les conséquences par le recours à des mesures sociales d’accompagnement visant notamment les aides au reclassement ou à la reconversion des salariés licenciés et les possibilités d’une réinsertion immédiate dans le marché du travail. (...)

Art. L. 166-4 LC:
(1) Au plus tard au début des négociations visées à l’article L. 166-2, l’employeur doit notifier par écrit tout projet de licenciement collectif à «l’Agence pour le développement de l’emploi» qui en transmet copie à l’Inspection du travail et des mines. Cette notification doit contenir au moins les éléments devant figurer dans la communication écrite prévue au paragraphe (1) de l’article L. 166-3.
(2) L’employeur est tenu de transmettre aux représentants des salariés copie de la notification prévue au paragraphe qui précède. (...)
Amendement introduit par la Loi du 20 juillet 2017: "(4) Lorsque le projet de licenciement collectif concerne des gens de mer, la notification visée au paragraphe 1er est également effectuée auprès de l’autorité compétente de l’Etat du pavillon."

Art. L 166-2 and L 166-4 LC.

No criteria listed.
Art. L 166-3 LC only refers to criteria as one of the elements to be communicated to the trade union representatives for consultation related to the adoption of the social plan.
__________
Pas de liste de critères.
Art. L. 166-3 du Code du travail (tel qu'amendé par la loi du 23 juillet 2015 dispose qu'afin de permettre aux représentants des salariés de formuler des propositions constructives en vue de la conclusion d’un plan social, l’employeur est tenu, de préférence avant le début des négociations, sinon au plus tard au début des négociations, de leur fournir tous les renseignements utiles comprenant au moins une communication écrite sur - notamment - "5. les critères envisagés pour le choix des salariés à licencier, sans préjudice de la compétence du comité mixte et/ou des délégations du personnel en la matière".

Art. L 166-2 LC and L 166-5 LC.

Art. L 125-9 LC: within a limit of 1 year and if requested by the employee.
_______
Art. L. 125-9 du Code du travail:
Le salarié licencié pour motifs fondés sur les nécessités du fonctionnement de l’entreprise peut faire valoir une priorité de ré-embauchage durant un délai d’un an à compter de la date de son départ de l’entreprise. Si le salarié manifeste par écrit le souhait d’user de cette priorité, l’employeur est obligé de l’informer de tout emploi devenu disponible dans sa qualification.

Art. 95 LRA: when the employer intends to carry out a collective dismissal, he/she shall notify the workers' representatives and undertake consultations with them at least 30 days before starting the dismissal with a view to reaching an agreement. These consultations shall, at least, cover ways and means of avoiding collective redundancies or reducing the number of workers affected, and of mitigating the consequences by recourse to accompanying social measures aimed at aid for redeploying or retraining workers made redundant. In order to allow the workers' representatives to submit constructive proposals, the employer shall provide all relevant information such as: 1) the reasons for the intended redundancies, 2) the number and categories of affected workers, 3) the total number and categories of workers employed and 4) the period during which the planned dismissals should occur.

Art. 95(6) and (8) LRA: Notification to the employment mediation agency after the consultations.

Art. 95 LRA: when the employer intends to carry out a collective dismissal, he/she shall notify the worker's representatives and undertake consultations with them at least 30 days before starting the dismissal with a view to reaching an agreement. These consultations shall, at least, cover ways and means of avoiding collective redundancies or reducing the number of workers affected, and of mitigating the consequences by recourse to accompanying social measures aimed at aid for redeploying or retraining workers made redundant. In order to allow the worker's representatives to submit constructive proposals, the employer shall provide all relevant information such as: 1) the reasons for the intended redundancies, 2) the number and categories of affected workers, 3) the total number and categories of workers employed and 4) the period during which the planned dismissals should occur.

Art. 95(3) LRA: Consultations with the workers' representatives shall, at least, cover ways and means of avoiding collective redundancies or reducing the number of workers affected, and of mitigating the consequences by recourse to accompanying social measures aimed at aid for redeploying or retraining workers made redundant.

Priority for rehiring has been removed from the LRA in 2008 [Official Gazette of the Republic of Macedonia no. 106 of 27.08.2008]. Art. 98 LRA which has been abrogated prohibited the employer from employing another employee for the same work within one year from the date of collective dismissals and provided for a priority of reemployment for the redundant workers during that period.

Art. 25 LC: prior consultation with the Works council (which is compulsory in undertakings with at least 50 permanent employees) and/or with the worker's representatives.

Art. 25 LC: mandatory notification to the Labour Inspector.

Art. 25 LC.

No approval required. The Labour Inspector only issues a recommendation on the dismissal within 15 days of the date of notification (Art. 25 LC).
However, if the parties do not find an agreement on the list of employees to be dismissed, the Labour Inspector will issue a decision in that respect in accordance with the selection criteria listed in Art. 26 LC.

Art. 25 LC: the list of redundant employees shall be established by the employer in consultation with the worker's representatives. The priority rules to be observed in selecting the employees must be in accordance with the agreed social plan, if any. In the absence of such agreed dismissal order, it shall take into account:
- the length of service in the undertaking;
- professional values, technical skills and professionalism;
- family responsibilities.

No preferential right to re-employment in the LC.
Priority for re-employment is only listed in Art. 25 as one of the elements to be considered in the framework of the consultation process.

No statutory provisions.

However, see the "Code of Conduct for Industrial Harmony [CCIH], 1975", § 20 to 24 on Redundancy and retrenchment.
The CCIH is an Agreement between the Ministry of Human Resources and the main social partners. The aim of the Code is "to lay down principles and guidelines to employers and workers on the practice of industrial relations for achieving greater industrial harmony".
Although it is not a binding instrument, it is however taken into consideration by the Industrial Court in retrenchment cases.

§ 20-21 reads as follows:
"(20) In circumstances where redundancy is likely an employer should, in consultation with his employees' representatives or their trade union, as appropriate, and in consultation with the Ministry of Labour and Manpower, take positive steps to avert or minimise reductions of workforce by the adoption of appropriate measures such as:
(a) Limitation on recruitment
(b) Restriction of overtime work
(c) Restriction of work on weekly day of rest
(d) Reduction in number of shifts or days worked a week
(e) Reduction in the number of hours of work
(f) Re-training and/or transfer to other department/work.
(21) The ultimate responsibility for deciding on the size of the workforce must rest with the employer, but before any decision on reduction is taken, there should be consultation with the workers or their trade union representatives on the reduction.".

No provision in the EA. However, pursuant to Employment (Retrenchment) Notification 2004 [PU(B) 430], the employer must inform the Labour Department via the PK Forms one month before the retrenchment.

However, see the "Code of Conduct for Industrial Harmony [CCIH], 1975", § 20-21 (not binding):
"(20) In circumstances where redundancy is likely an employer should, in consultation with his employees' representatives or their trade union, as appropriate, and in consultation with the Ministry of Labour and Manpower, take positive steps to avert or minimise reductions of workforce by the adoption of appropriate measures such as:
(a) Limitation on recruitment
(b) Restriction of overtime work
(c) Restriction of work on weekly day of rest
(d) Reduction in number of shifts or days worked a week
(e) Reduction in the number of hours of work
(f) Re-training and/or transfer to other department/work.
(21) The ultimate responsibility for deciding on the size of the workforce must rest with the employer, but before any decision on reduction is taken, there should be consultation with the
workers or their trade union representatives on the reduction."

No statutory provisions.

However, see the "Code of Conduct for Industrial Harmony [CCIH], 1975", § 20-21 (not binding):
"(20)In circumstances where redundancy is likely an employer should, in consultation with his employees' representatives or their trade union, as appropriate, and in consultation with the Ministry of Labour and Manpower, take positive steps to avert or minimise reductions of workforce by the adoption of appropriate measures such as:
(a) Limitation on recruitment
(b) Restriction of overtime work
(c) Restriction of work on weekly day of rest
(d) Reduction in number of shifts or days worked a week
(e) Reduction in the number of hours of work
(f) Re-training and/or transfer to other department/work.
(21) The ultimate responsibility for deciding on the size of the workforce must rest with the employer, but before any decision on reduction is taken, there should be consultation with the
workers or their trade union representatives on the reduction."

The courts have required employers to operate the "last on, first off" principle when retrenching employees, unless there are sound and valid reasons for departing from this principle (see i.e: East Asiatic v. Ong Wai Beng, Award 24/87).

In addition the Code of Conduct for Industrial Harmony [CCIH], 1975, provides in § 22 b) that:
"(b) The employer should select employees to be retrenched in accordance with objective criteria.
Such criteria, which should have been worked out in advance with the employees' representatives or trade union may include:
(i) The need for the efficient operation of the establishment or undertaking
(ii) Ability, experience, skill and occupational qualifications of individual workers required by the establishment or undertaking under part (i)
(iii) Consideration for length of service and status (non-citizens, casual, temporary, permanent)
(iv) Age
(v) Family situation
(vi) Such other criteria as may be formulated in the context of national policies"

See also art. 60N of the Employment Act: "Where an employer is required to reduce his workforce by reason of redundancy necessitating the retrenchment of any number of employees, the employer shall not terminate the services of a local employee unless he has first terminated the services of all foreign employees employed by him in a capacity similar to that of the local employee".

No statutory provisions.

However, see the "Code of Conduct for Industrial Harmony [CCIH], 1975", § 20-21 (not binding):
"(20) In circumstances where redundancy is likely an employer should, in consultation with his employees' representatives or their trade union, as appropriate, and in consultation with the Ministry of Labour and Manpower, take positive steps to avert or minimise reductions of workforce by the adoption of appropriate measures such as:
(a) Limitation on recruitment
(b) Restriction of overtime work
(c) Restriction of work on weekly day of rest
(d) Reduction in number of shifts or days worked a week
(e) Reduction in the number of hours of work
(f) Re-training and/or transfer to other department/work.
(21) The ultimate responsibility for deciding on the size of the workforce must rest with the employer, but before any decision on reduction is taken, there should be consultation with the
workers or their trade union representatives on the reduction.
(22) (a) If retrenchment becomes necessary, despite having taken appropriate measures, the employer should take the following measures:
(i) Giving as early a warning, as practicable, to the workers concerned
(ii) Introducing schemes for voluntary retrenchment and retirement and for payment of redundancy and retirement benefits
(iii) Retiring workers who are beyond their normal retiring age
(iv) Assisting, in co-operation with the Ministry of Human Resources, the workers to find work outside the undertaking
(v) Spreading termination of employment over a longer period
(vi) Ensuring that no such announcement is made before the workers and their representatives or trade union has been informed"

No statutory provisions.
However, see the Code of Conduct for Industrial Harmony [CCIH], 1975, § 23 (not binding):
"(23) Employees, who are retrenched, should be given priority of engagement/re-engagement, as far as is possible, by the employer when he engages workers".

No statutory requirements.
However, the Courts have ruled that in cases of redundancies and other mass dismissals for operational needs, the employer must comply with Articles 13 and 14 of the ILO Convention 158 on consultation with the worker's representatives and notification to the administration.
(See Makande and another V Malawi Telecommunications Ltd [IRC 81/2001] Industrial Relations Court, upheld by the High Court [Civil Appeal 70/2003] and confirmed by the Supreme Court on 7 May 2007 in Malawi Telecommunication Ltd v Makande and another, [Civil Appeal 2/2006], reported in Malawi Labour Law Report, 2008, pp. 35-45.

No statutory requirements.
However, the Courts have ruled that in cases of redundancies and other mass dismissals for operational reasons, the employer must comply with Articles 13 and 14 of the ILO Convention 158, which require consultation with workers' representatives and notification to the administration.
(See Makande and another V Malawi Telecommunications Ltd [IRC 81/2001] Industrial Relations Court, upheld by the High Court [Civil Appeal 70/2003] and confirmed by the Supreme Court on 7 May 2007 in Malawi Telecommunication Ltd v Makande and another, [Civil Appeal 2/2006], reported in Malawi Labour Law Report, 2008, pp. 35-45.

No statutory requirements.
However, the Courts have ruled that in cases of redundancies and other mass dismissals for operational needs, the employer must comply with Articles 13 and 14 of the ILO Convention 158 on consultation with the workers' representatives and notification to the administration.
(See Makande and another V Malawi Telecommunications Ltd [IRC 81/2001] Industrial Relations Court, upheld by the High Court [Civil Appeal 70/2003] and confirmed by the Supreme Court on 7 May 2007 in Malawi Telecommunication Ltd v Makande and another, [Civil Appeal 2/2006], reported in Malawi Labour Law Report, 2008, pp. 35-45.

No statutory requirement was identified in the reviewed legislation.

No statutory requirement was identified in the reviewed legislation.

No statutory requirement was identified in the reviewed legislation.

No statutory requirement was identified in the reviewed legislation.

No statutory requirement was identified in the reviewed legislation.

▶ Law No. 2017-021 of June 12, 2017 (LL 2017)
→ Under Section L47 LL 2017, to try to avoid dismissal for economic reasons, an employer considering it must consult with employee representatives and explore with them all possible solutions for maintaining jobs. These solutions may include: reduced working hours, shift work, part-time work, technical unemployment, staff redeployment, and adjustments to bonuses, allowances, and benefits of any kind.
▻ Following internal negotiations, if an agreement is reached, a memorandum of understanding specifying the measures adopted and their duration is signed by the parties and sent to the labour inspector for information.
▻ In case of disagreement, the minutes of this meeting, duly signed by both parties, must be immediately sent by the employer to the labour inspector, who then has fifteen days from the date of this notification to potentially intervene.
▶ Regulatory text
► Arrêté No. 2024-4363/MTFPDS-SG of December 27, 2024, amending Arrêté No. 96-1566/MEFPT-SG of October 7, 1996, concerning the implementing procedures for certain provisions of the Labour Code (Arrêté No. 2024-4363).
→ The New Section A48.1 (Arrêté No. 2024-4363) indicates that: Dismissals for economic reasons must be carried out according to the following criteria:
1) Voluntary departures: When an employer is considering dismissals for economic reasons, he/she must first prioritize voluntary departures. If the number of workers who have expressed their intention to leave the company in this way is equal to the number of workers the employer intends to dismiss, the other two criteria can no longer be used.
▻ The employer must always consult, fifteen (15) days before the dismissal, the union committee or, failing that, the staff representatives, regarding the list of workers who have expressed their intention to leave. (...).
→ Under the New Section A48.2 (Arrêté No. 2024-4363), the list of dismissed workers drawn up by the employer is communicated to the staff representatives or the union committee. Following this communication, the employer must, within eight days, convene the staff representatives or the union committee to gather their suggestions, which are recorded in the meeting minutes and duly signed by both parties.

▶ Law No. 2022-005 amending Law No. 92-020 of September 23, 1992 (LL 2022)
→ Under Section L35 LL 2022, an employer wishing to place all or part of their staff on technical or economic unemployment must seek the opinion of the staff representatives, if any, or the trade union committee, and inform the relevant Regional Director of Labour of their decision beforehand.
However, in the event of a serious health crisis, this period may be renewed as soon as circumstances require, but may not exceed six (6) months, including the first three months. Beyond the suspension period, or if the worker does not accept the proposed suspension conditions, any termination of the contract is attributable to the employer.
During periods of technical or economic unemployment, the employer may not, under any circumstances, hire new workers, except in unaffected sectors, or require the remaining staff to work overtime. (...).
▶ Law No. 2017-021 of June 12, 2017 (LL 2017)
→ Under Section L47 LL 2017, to try to avoid dismissal for economic reasons, an employer considering it must consult with employee representatives and explore with them all possible solutions for maintaining jobs. These solutions may include: reduced working hours, shift work, part-time work, technical unemployment, staff redeployment, and adjustments to bonuses, allowances, and benefits of any kind.
▻ Following internal negotiations, if an agreement is reached, a memorandum of understanding specifying the measures adopted and their duration is signed by the parties and sent to the labour inspector for information.
▻ In case of disagreement, the minutes of this meeting, duly signed by both parties, must be immediately sent by the employer to the labour inspector, who then has fifteen days from the date of this notification to potentially intervene.
▶ Regulatory text
► Arrêté No. 2024-4363/MTFPDS-SG of December 27, 2024, amending Arrêté No. 96-1566/MEFPT-SG of October 7, 1996, concerning the implementing procedures for certain provisions of the Labour Code (Arrêté No. 2024-4363).
→ The New Section A48.1 (Arrêté No. 2024-4363) indicates that: Dismissals for economic reasons must be carried out according to the following criteria:
1) Voluntary departures: When an employer is considering dismissals for economic reasons, he/she must first prioritize voluntary departures. If the number of workers who have expressed their intention to leave the company in this way is equal to the number of workers the employer intends to dismiss, the other two criteria can no longer be used.
▻ The employer must always consult, fifteen (15) days before the dismissal, the union committee or, failing that, the staff representatives, regarding the list of workers who have expressed their intention to leave.
▻ The list of voluntary departures, as well as the observations of the union committee or staff representatives, must be communicated to the relevant Labour Inspector before any voluntary departure.
▻ If among the voluntary departures are staff representatives or members of the union committee or the health and safety committee, the applicable procedure for them must be followed.
→ Under the New Section A48.2 (Arrêté No. 2024-4363), the list of dismissed workers drawn up by the employer is communicated to the staff representatives or the union committee. Following this communication, the employer must, within eight days, convene the staff representatives or the union committee to gather their suggestions, which are recorded in the meeting minutes and duly signed by both parties.
▻ Regardless of the number of workers the employer intends to dismiss, they must inform the Regional Labour Inspector of the relevant jurisdiction, providing them with the list of dismissals and the minutes of the meeting.
▻ The Labour Inspector has fifteen (15) days to issue an opinion on the regularity of the consultation procedure and the order of dismissals. When the Labour Inspector identifies irregularities, the employer is required to respond to the administrative authority's observations and to send copies of the correspondence exchanged with the Labour Inspector to the staff representatives or the union committee.

▶ Law No. 2022-005 amending Law No. 92-020 of September 23, 1992 (LL 2022)
→ Under Section L35 LL 2022, an employer wishing to place all or part of their staff on technical or economic unemployment must seek the opinion of the staff representatives, if any, or the trade union committee, and inform the relevant Regional Director of Labour of their decision beforehand.
However, in the event of a serious health crisis, this period may be renewed as soon as circumstances require, but may not exceed six (6) months, including the first three months. Beyond the suspension period, or if the worker does not accept the proposed suspension conditions, any termination of the contract is attributable to the employer.
During periods of technical or economic unemployment, the employer may not, under any circumstances, hire new workers, except in unaffected sectors, or require the remaining staff to work overtime. (...).
▶ Law No. 2017-021 of June 12, 2017 (LL 2017)
→ Under Section L47, to try to avoid dismissal for economic reasons, an employer considering it must consult with employee representatives and explore with them all possible solutions for maintaining jobs. These solutions may include: reduced working hours, shift work, part-time work, technical unemployment, staff redeployment, and adjustments to bonuses, allowances, and benefits of any kind.
▻ Following internal negotiations, if an agreement is reached, a memorandum of understanding specifying the measures adopted and their duration is signed by the parties and sent to the labour inspector for information.
▻ In case of disagreement, the minutes of this meeting, duly signed by both parties, must be immediately sent by the employer to the labour inspector, who then has fifteen days from the date of this notification to potentially intervene.
→ Under Section L48(2 to 4):
2) The employer must provide, in writing, to the employee representatives, if any, with the list of workers they intend to dismiss, specifying the criteria used.
▻ Within eight days of receiving this list, the employer must convene a meeting of the employee representatives to gather their suggestions, which are recorded in the minutes of the meeting.
3) If the employer plans to dismiss an employee representative for economic reasons, they must follow the specific procedure for these workers.
4) For other workers, the employer may, after the meeting of employee representatives referred to in paragraph 2, proceed with the dismissal. In all cases, the list of dismissed workers and the minutes of the aforementioned meeting are immediately sent to the labour inspector for information, who will verify whether the criteria have been met.
▶ Regulatory text
► Arrêté No. 2024-4363/MTFPDS-SG of December 27, 2024, amending Arrêté No. 96-1566/MEFPT-SG of October 7, 1996, concerning the implementing procedures for certain provisions of the Labour Code (Arrêté No. 2024-4363).
→ Under the New Section A48.2 (Arrêté No. 2024-4363), the list of dismissed workers drawn up by the employer is communicated to the staff representatives or the union committee. Following this communication, the employer must, within eight days, convene the staff representatives or the union committee to gather their suggestions, which are recorded in the minutes of the meeting, duly signed by both parties.

▶ Law No. 2017-021 of June 12, 2017 (LL 2017)
→ Under Section L277 LL 2017, the authorization of the Labour Inspector is required before any dismissal of a staff representative, whether a full or alternate member, contemplated by the employer or their representative. The authorization or refusal of this authorization must be notified to the employer and the staff representative concerned. Failure by the Labour Inspector to respond within fifteen (15) days of the application being filed constitutes authorization for dismissal, except in cases where the Labour Inspector deems an expert assessment necessary. In this case, the deadline is extended to 30 days, and the Inspector must inform the employer in writing, before the expiration of the 15 days, of their decision to extend the deadline. Any dismissal that occurs in violation of the procedure outlined in the preceding paragraph is null and void, and the staff representative will be reinstated in their rights and reintegrated into the company.
▻ However, in cases of serious misconduct, the employer may immediately suspend the employee pending a final decision.
If authorization for dismissal is refused, the suspension is null and void.
▻ The above provisions apply to employees running for the position of union representative during the period between the date the lists are posted and the date of the election, as well as to elected representatives until the date of the new elections and for a period of six months following the expiration of their term.

▷ Note: Under Section A48.2 of the Arrêté No. 2024-4363, the Labour Inspector also has a role to verify and opine, ensuring transparency and compliance, but it does not amount to a mandatory pre-approval.
→ Under the New Section A48.2 (Arrêté No. 2024-4363), the list of dismissed workers drawn up by the employer is communicated to the staff representatives or the union committee. Following this communication, the employer must, within eight days, convene the staff representatives or the union committee to gather their suggestions, which are recorded in the meeting minutes and duly signed by both parties.
▻ Regardless of the number of workers the employer intends to dismiss, they must inform the Regional Labour Inspector of the relevant jurisdiction, providing them with the list of dismissals and the minutes of the meeting.
▻ The Labour Inspector has fifteen (15) days to issue an opinion on the regularity of the consultation procedure and the order of dismissals. When the Labour Inspector identifies irregularities, the employer is required to respond to the administrative authority's observations and to send copies of the correspondence exchanged with the Labour Inspector to the staff representatives or the union committee.

No statutory provisions were found in the examined legislation in this respect.

▶ Law No. 2017-021 of June 12, 2017 (LL 2017)
→ Under Section L48(1 to 4) LL 2017, when the negotiations provided for in Section L.47 above have not resulted in an agreement, or if, despite the measures considered, certain dismissals prove necessary, these are subject to the following rules:
1) The employer establishes the order of dismissals according to the following basic criteria:
- voluntary departures;
- professional competence;
- family responsibilities.
Other criteria will be defined between the employer and the internal union committee, or, failing that, the employee representatives.
2) The employer must provide, in writing, to the employee representatives, if any, the list of workers they intend to dismiss, specifying the criteria used.
▻ Within eight days of receiving this list, the employer must convene a meeting of the employee representatives to gather their suggestions, which are recorded in the minutes of the meeting.
3) If the employer plans to dismiss an employee representative for economic reasons, they must follow the specific procedure for these workers.
4) For other workers, the employer may, after the meeting of employee representatives referred to in paragraph 2, proceed with the dismissal. In all cases, the list of dismissed workers and the minutes of the meeting above are immediately sent to the labour inspector for information, who will verify whether the criteria have been met.
▶ Regulatory text
► Arrêté No. 2024-4363/MTFPDS-SG of December 27, 2024, amending Arrêté No. 96-1566/MEFPT-SG of October 7, 1996, concerning the implementing procedures for certain provisions of the Labour Code (Arrêté No. 2024-4363).
→ The New Section A48.1 (Arrêté No. 2024-4363) indicates that: Dismissals for economic reasons must be carried out according to the following criteria:
1) Voluntary departures: When an employer is considering dismissals for economic reasons, he/she must first prioritize voluntary departures. If the number of workers who have expressed their intention to leave the company in this way is equal to the number of workers the employer intends to dismiss, the other two criteria can no longer be used.
▻ The employer must always consult, fifteen (15) days before the dismissal, the union committee or, failing that, the staff representatives, regarding the list of workers who have expressed their intention to leave.
▻ The list of voluntary departures, as well as the observations of the union committee or staff representatives, must be communicated to the relevant Labour Inspector before any voluntary departure.
▻ If among the voluntary departures are staff representatives or members of the union committee or the health and safety committee, the applicable procedure for them must be followed.
▻ Workers' entitlements will be paid in accordance with point 5 of the new Section L48.
▻ However, if the number of voluntary departures is less than the number of employees the employer plans to dismiss, the two other criteria are applied to supplement them: professional aptitude and family responsibilities.
2. Professional aptitude: Workers whose professional aptitude is less than that required for the remaining positions are placed on the list of workers the employer intends to dismiss.
3. Family responsibilities, which refer to the number of dependent wives and children as defined by the Social Security Code: With equal professional qualifications, the most senior employees are retained in the company. The employee's seniority is increased by one (1) year if they are married, and by one (1) year for each dependent child as defined by the Social Security Code and the Code of Persons and the Family.
→ Under the New Section A48.2 (Arrêté No. 2024-4363), the list of dismissed workers drawn up by the employer is communicated to the staff representatives or the union committee. Following this communication, the employer must, within eight days, convene the staff representatives or the union committee to gather their suggestions, which are recorded in the meeting minutes and duly signed by both parties.
▻ Regardless of the number of workers the employer intends to dismiss, they must inform the Regional Labour Inspector of the relevant jurisdiction, providing them with the list of dismissals and the minutes of the meeting.
▻ The Labour Inspector has fifteen (15) days to issue an opinion on the regularity of the consultation procedure and the order of dismissals. When the Labour Inspector identifies irregularities, the employer is required to respond to the administrative authority's observations and to send copies of the correspondence exchanged with the Labour Inspector to the staff representatives or the union committee.
▻ The employer is required to notify dismissed workers of the termination of their contracts. This letter must include the economic reasons for the dismissal, the criteria used, and the priority for hiring that employees are entitled to for two (2) years within their professional classification category.

▶ Law No. 2017-021 of June 12, 2017 (LL 2017)
→ Under Section L47 LL 2017, to try to avoid dismissal for economic reasons, an employer considering it must consult with employee representatives and explore with them all possible solutions for maintaining jobs. These solutions may include: reduced working hours, shift work, part-time work, technical unemployment, staff redeployment, and adjustments to bonuses, allowances, and benefits of any kind.
▻ Following internal negotiations, if an agreement is reached, a memorandum of understanding specifying the measures adopted and their duration is signed by the parties and sent to the labour inspector for information.
▻ In case of disagreement, the minutes of this meeting, duly signed by both parties, must be immediately sent by the employer to the labour inspector, who then has fifteen days from the date of this notification to potentially intervene.
▶ Regulatory text
► Arrêté No. 2024-4363/MTFPDS-SG of December 27, 2024, amending Arrêté No. 96-1566/MEFPT-SG of October 7, 1996, concerning the implementing procedures for certain provisions of the Labour Code (Arrêté No. 2024-4363).
→ The New Section A48.1 (Arrêté No. 2024-4363) indicates that: Dismissals for economic reasons must be carried out according to the following criteria:
1) Voluntary departures: When an employer is considering dismissals for economic reasons, he/she must first prioritize voluntary departures. If the number of workers who have expressed their intention to leave the company in this way is equal to the number of workers the employer intends to dismiss, the other two criteria can no longer be used.
▻ The employer must always consult, fifteen (15) days before the dismissal, the union committee or, failing that, the staff representatives, regarding the list of workers who have expressed their intention to leave.
▻ The list of voluntary departures, as well as the observations of the union committee or staff representatives, must be communicated to the relevant Labour Inspector before any voluntary departure.
▻ If among the voluntary departures are staff representatives or members of the union committee or the health and safety committee, the applicable procedure for them must be followed.
▻ Workers' entitlements will be paid in accordance with point 5 of the new Section L48.
▻ However, if the number of voluntary departures is less than the number of employees the employer plans to dismiss, the two other criteria are applied to supplement them: professional aptitude and family responsibilities.
2. Professional aptitude: Workers whose professional aptitude is less than that required for the remaining positions are placed on the list of workers the employer intends to dismiss.
3. Family responsibilities, which refer to the number of dependent wives and children as defined by the Social Security Code: With equal professional qualifications, the most senior employees are retained in the company. The employee's seniority is increased by one (1) year if they are married, and by one (1) year for each dependent child as defined by the Social Security Code and the Code of Persons and the Family.
→ Under the New Section A48.2 (Arrêté No. 2024-4363), the list of dismissed workers drawn up by the employer is communicated to the staff representatives or the union committee. Following this communication, the employer must, within eight days, convene the staff representatives or the union committee to gather their suggestions, which are recorded in the meeting minutes and duly signed by both parties.
▻ Regardless of the number of workers the employer intends to dismiss, they must inform the Regional Labour Inspector of the relevant jurisdiction, providing them with the list of dismissals and the minutes of the meeting.
▻ The Labour Inspector has fifteen (15) days to issue an opinion on the regularity of the consultation procedure and the order of dismissals. When the Labour Inspector identifies irregularities, the employer is required to respond to the administrative authority's observations and to send copies of the correspondence exchanged with the Labour Inspector to the staff representatives or the union committee.
▻ The employer is required to notify dismissed workers of the termination of their contracts. This letter must include the economic reasons for the dismissal, the criteria used, and the priority for hiring that employees are entitled to for two (2) years within their professional classification category.

▶ Law No. 2017-021 of June 12, 2017 (LL 2017)
→ Under Section L48(5) LL 2017, a dismissed employee benefits from priority for re-employment in the same job category within their former company for a period of two years.

See direct Request (CEACR) - adopted 2011, published 101st ILC session (2012):
"The Committee notes that 127 establishments terminated employment on economic or similar grounds in 2010, affecting more than 8,900 employees. During the first half of 2011, 57 establishments were concerned, with more than 3,410 workers having their employment terminated".

▷ Dismissal for technological, structural or economic reasons and closure of businesses
→ Section 66 provides that: An employer in commercial, industrial, agricultural or forestry enterprises and their outbuildings or in craft enterprises, usually employing ten or more employees, who is considering the dismissal of all or some of these employees, for technological, structural or similar or economic reasons, must bring their decision to the attention of the employee representatives and, where applicable, the union representatives at the company, at least one month before proceeding with the dismissal. He/she must, at the same time, provide them with all necessary information relating thereto, including the reasons for the dismissal, as well as the number and categories of employees concerned and the period in which he/she intends to undertake this dismissal.
It must also engage in consultations and negotiations with them to examine measures that may prevent dismissal or mitigate its negative effects, including the possibility of reinstatement in other positions.
The works council acts as the representative of employee representatives in companies employing more than fifty employees.
The company administration prepares a report detailing the results of the aforementioned consultations and negotiations, signed by both parties. A copy of this report is sent to the employee representatives and another to the provincial delegate responsible for labour.

▷ Dismissal for technological, structural or economic reasons and closure of businesses
→ Section 67 LC indicates that: The dismissal of all or part of the employees, employed in commercial, industrial, agricultural or forestry enterprises and their outbuildings or in craft enterprises, for technological, structural or similar or economic reasons, is subject to authorization issued by the governor of the prefecture or province, within a maximum period of two months from the date of submission of the request by the employer to the provincial delegate responsible for labour.
The request for authorization must be accompanied by all necessary supporting documents and the minutes of the consultations and negotiations with employee representatives provided for in Section 66 above.
In the event of dismissal for economic reasons, the request must be accompanied, in addition to the above-mentioned documents, by the following supporting documents:
▻ a report including the economic reasons, requiring the application of the dismissal procedure;
▻ the state of the economic and financial situation of the company;
▻ a report drawn up by a chartered accountant or by an auditor accounts;
The provincial delegate responsible for work must carry out all investigations he/she deems necessary. He/she must send the file within a period not exceeding one month from the receipt of the request, to the members of a provincial commission chaired by the governor of the prefecture or province, for the purpose of examining and deciding on the file within the time limit set above.
The decision of the governor of the prefecture or province must be justified and based on the conclusions and proposals of the said commission.

▷ Dismissal for technological, structural or economic reasons and closure of businesses
→ Section 66 provides that: An employer in commercial, industrial, agricultural or forestry enterprises and their outbuildings or in craft enterprises, usually employing ten or more employees, who is considering the dismissal of all or some of these employees, for technological, structural or similar or economic reasons, must bring their decision to the attention of the employee representatives and, where applicable, the union representatives at the company, at least one month before proceeding with the dismissal. He/she must, at the same time, provide them with all necessary information relating thereto, including the reasons for the dismissal, as well as the number and categories of employees concerned and the period in which he/she intends to undertake this dismissal.

▷ Dismissal for technological, structural or economic reasons and closure of businesses
→ Section 67 LC indicates that: The dismissal of all or part of the employees, employed in commercial, industrial, agricultural or forestry enterprises and their outbuildings or in craft enterprises, for technological, structural or similar or economic reasons, is subject to authorization issued by the governor of the prefecture or province, within a maximum period of two months from the date of submission of the request by the employer to the provincial delegate responsible for labour.
The request for authorization must be accompanied by all necessary supporting documents and the minutes of the consultations and negotiations with employee representatives provided for in Section 66 above.
In the event of dismissal for economic reasons, the request must be accompanied, in addition to the above-mentioned documents, by the following supporting documents:
▻ a report including the economic reasons, requiring the application of the dismissal procedure;
▻ the state of the economic and financial situation of the company;
▻ a report drawn up by a chartered accountant or by an auditor accounts;
The provincial delegate responsible for work must carry out all investigations he/she deems necessary. He/she must send the file within a period not exceeding one month from the receipt of the request, to the members of a provincial commission chaired by the governor of the prefecture or province, for the purpose of examining and deciding on the file within the time limit set above.
The decision of the governor of the prefecture or province must be justified and based on the conclusions and proposals of the said commission.

No statutory provision was found in the legislation reviewed.

Section 71 LC provides that In each professional category, authorized dismissals take place in each establishment of the company, taking into account the following elements:
• Seniority;
• Professional value;
• Family responsibilities. (...).
Note: Section 71 LC provides a list of criteria to be considered: tenure, professional values, and family responsibilities. However, no order is specified.

→ Section 66 provides that: An employer in commercial, industrial, agricultural or forestry enterprises and their outbuildings or in craft enterprises, usually employing ten or more employees, who is considering the dismissal of all or some of these employees, for technological, structural or similar or economic reasons, must bring their decision to the attention of the employee representatives and, where applicable, the union representatives at the company, at least one month before proceeding with the dismissal. He/she must, at the same time, provide them with all necessary information relating thereto, including the reasons for the dismissal, as well as the number and categories of employees concerned and the period in which he/she intends to undertake this dismissal.
It must also engage in consultations and negotiations with them to examine measures that may prevent dismissal or mitigate its negative effects, including the possibility of reinstatement in other positions.
Note: Measures concerning alternatives to dismissal and mitigation of the negative effects are examined in the framework of the consultation process, but no formal approval is required.

→ Section 71 LC provides that: Dismissed employees benefit from priority for rehiring in the conditions provided for in Section 508 below.
→ Section 508 LC indicates that the employer recruits, as a priority, in a given speciality, former permanent employees or, failing that, temporary employees, made redundant less than a year ago as a result of the reduction in the number of jobs in the speciality, or the temporary cessation of activity of all or part of the company, or employees who had to be replaced due to illness.
▻ In all cases, employees must return to their workstation on the date.

→ Section 57 LC indicates that: In order to gather their suggestions, the employer must inform the staff representatives in writing, informing them of the reason for the planned dismissal(s), the categories of workers likely to be dismissed, and the order in which they will be dismissed.
The staff representatives have fifteen days from this notification to express their opinion on alternative measures to the dismissals and the order in which they will be dismissed. This opinion is not binding on the employer.
The employer is required to notify the relevant labour inspectorate of its proposed dismissal for economic reasons, along with a copy of the letter sent to the staff representatives and their opinion.
The labour inspector must, using his good offices, seek, with the staff representatives and the employer, all alternative solutions to the dismissal, such as including reduced working hours, short-time working, and rotating unemployment. In the case of a revision of an employment contract, the provisions of Section 29 apply.
Failure to comply with these formalities renders the dismissal null and void. However, failure to receive the labour inspector's report within the time limit provided for in paragraph 5 does not constitute grounds for nullity.

→ Under Section 57 (1) LC, the employer is required to notify the relevant labour inspectorate of its proposed dismissal for economic reasons, along with a copy of the letter sent to the staff representatives and their opinion.
The labour inspector must, using his good offices, seek, with the staff representatives and the employer, all alternative solutions to the dismissal, such as including reduced working hours, short-time working, and rotating unemployment. In the case of a revision of an employment contract, the provisions of Section 29 apply.
Failure to comply with these formalities renders the dismissal null and void. However, failure to receive the labour inspector's report within the time limit provided for in paragraph 5 does not constitute grounds for nullity.

→ Under Section 57 LC, the employer must inform the staff representatives in writing, informing them of the reason for the planned dismissal(s), the categories of workers likely to be dismissed, and the order in which they will be dismissed.
The staff representatives have fifteen days from this notification to express their opinion on alternative measures to the dismissals and the order in which they will be dismissed. This opinion is not binding on the employer.

→ Under Section 57 (1) LC, the employer is required to notify the relevant labour inspectorate of its proposed dismissal for economic reasons, along with a copy of the letter sent to the staff representatives and their opinion.
The labour inspector must, using his good offices, seek, with the staff representatives and the employer, all alternative solutions to the dismissal, such as including reduced working hours, short-time working, and rotating unemployment. In the case of a revision of an employment contract, the provisions of Section 29 apply.
Failure to comply with these formalities renders the dismissal null and void. However, failure to receive the labour inspector's report within the time limit provided for in paragraph 5 does not constitute grounds for nullity. The dismissal is void if the employer does not comply with the decision of the labour inspector.

→ Under Section 56 LC, the opinion of staff representatives is not binding on the employer.

→ Under Section 56 LC, the employer is required to determine the order of dismissal of employees whose contracts it is considering terminating, taking into account their professional qualifications, length of service within the company, and family responsibilities.
The first to be dismissed are employees with the least professional skills for the jobs being retained and, in the event of equal professional skills, employees with the shortest service. Seniority is increased by one year for married employees and by one year for each dependent child under the terms of family benefits legislation.

→ There is no obligation for the employer to provide alternative measures. However, under Section 57 LC, the employer is responsible for informing the workers' representative of cases of dismissal for economic reasons. The staff representatives then have fifteen days from this notification to express their opinion on alternative measures to the dismissals and the order in which they will be dismissed. This opinion is not binding on the employer.

→ Section 59 LC indicates that: A worker laid off for economic reasons retains hiring priority in the same job category for one year.
After this period, they continue to benefit from the same priority for a second year, but their hiring may be subject to a professional trial or probationary period, the duration of which may not exceed the trial period stipulated in the collective agreement.
A worker benefiting from hiring priority is required to notify their employer of any change in address occurring after their departure from the company. In the event of a vacancy, the employer shall notify the employee by registered letter with acknowledgment of receipt sent to the last address provided by the worker.
The worker must report to the employer within a maximum of ten days following the date of receipt of the letter.
Decrees issued after consulting the National Council for Labour, Employment, and Social Security may establish the terms and conditions for implementing the provisions of this subsection.

Yes, but only in the case of Art. 439 (adoption of new procedures or new equipment/machinery that brings as a consequence the reduction of the number workers) where it is expected an attempt of the parties (employer and worker representatives) to reach an agreement prior triggering any proceeding. If no agreement is negotiated then the employer shall obtain the authorization from the Tribunal as per the proceedings established in arts. 897, 897-A to 897-G of the FLA. In other cases, the defendant obtains the information via the corresponding legal procedure.

*Notification to the Tribunal: Art. 435 FLA.

For art. 434 subsections III and V (the exhaustion of the substance being extracted by a mining undertaking (III) and statutory declaration of insolvency proceedings or bankruptcy (V)): art. 872, 873-A (applicable provisions), 897-A to 897-G FLA (special collective proceedings);
For art. 434 subsection II (evident and notorious inability to pay the operations/exploitation of the undertaking): arts. 900-919 FLA on Special proceedings applicable to collective disputes of economic nature.
Note that the procedure is brought before the Tribunal, which is in charge of notifying the defendant (i.e. workers and representatives in the collective termination), which get an opportunity to respond to the claim and provide evidence.

*Art. 435 FLA: approval by the Tribunal
*Proceedings before the Tribunal: In the case of art. 434 subsection II (evident and notorious inability to pay the operations/exploitation of the undertaking), previous to the termination, the employer shall obtain the authorization of the Tribunal as per the regulations established in the Special proceedings applicable to collective disputes of economic nature (arts. 900-919 FLA).

In the case of art. 434 subsection III (the exhaustion of the substance being extracted by a mining undertaking) the employer shall request the authorization of the Tribunal as per proceedings established in arts. 897, 897-A to 897-G.

In the case of art. 434 subsection V, the termination shall be notified to the Tribunal as per (Art. 435 (I)) to approve or reject the termination after following the proceedings established in arts. 897, 897-A to 897-G.

However, during the proceedings before the Tribunal, if the employer and the trade union reach an agreement, the Tribunal will approve it and will have the effects of a final judgment (art. 906 (IV) FLA).

Art. 437 FLA: seniority-based priority to remain in the undertaking.

Art. 438 following 154 FLA: In equal circumstances, the following workers will be hired with priority: Mexican workers over non-Mexican workers, workers who satisfactory served for a longer period of time, workers who do not have any other economic income and have family responsibilities, workers who have finished compulsory education, qualified personnel over non-qualified, workers with better skills and knowledge and workers members of trade unions.
In case of collective agreement with admission clause this –and the trade union by laws- will prevail over the present article in the case of preference to access employment vacancies or newly created posts.

Art. 88 (1) i) LC

Art. 88(1) g) LC

Art. 88 (1) i) LC

Except for trade union members and trade union representatives (art. 87 LC).

Art. 183 LC

Art. 88 (1) c) LC establishes the obligation of the employer to offer the employee another workplace at the enterprise.

There is no general regulation of collective dismissals. The only provision of the LC which refers to collective dismissal is art. 42.2 on severance pay, according to which "in the case of a general termination of a large number of employees, additional compensation to be paid by an employer to the employees shall be agreed to by the employer and representatives of the employees".

- There is no general statutory obligation to undertake prior consultations with the employee's representatives before carrying out collective dismissals.
- However, the law provides that in case of mass redundancies, the employer and the employees representatives shall agree on redundancy payment trough negotiations (art. 42.2 LC).
- Consultation with the employee's representatives is mandatory in the event of the dissolution of a business entity resulting in the termination of all employees. The workers' representatives must be informed 45 days prior to the dissolution (art. 40.5 LC)

- Consultation with the employee's representatives is mandatory in the event of the dissolution of a business entity resulting in the termination of all employees. The workers' representatives must be informed 45 days prior to the dissolution (art. 40.5 LC)

Article 167 of the New Labour Act determines that the consultation of trade unions or workers´representatives is mandatory in case of collective dismissals:

(1) If the employer intends to carry out a collective dismissal for at least 20 employees within a period of 90 days, it is mandatory to start consultations, request and consider the opinion and proposals of the trade union, ie employees or employee representatives in case the trade union is not organized by the employer. decisions on termination of the need for work of employees in order to reach an agreement, in order to eliminate or reduce the need for termination of work of employees.

(3) During the procedure of consulting with the trade union, ie employees or employee representatives, the employer is obliged to consider all proposals aimed at preventing the cessation of the need for work of employees or to mitigate its consequences, as well as to write to each submitted proposal explanation.

Article 16, paragraphs 6, 7 and 8 provide rules for notification of Employment Agency in case of collective dismissals:
(6) The employer is obliged to inform the Employment Bureau in writing about the conducted consultation referred to in paragraph 1 of this Article, as well as to submit the following information: a) information referred to in paragraph 1 of this Article; b) data on the duration of consultations with the trade union; c) data on the results of the conducted consultation; d) a written statement of the trade union, if delivered to it.
(7) The employer is obliged to submit a copy of the notification referred to in paragraph 6 of this Article to the trade union.
(8) The trade union, ie employees or employee representatives may submit their remarks and proposals to the Employment Service and the employer on the submitted information referred to in para. 2 and 6 of this article.

See article 167 of new Labour Act about prior consultation with trade unions and workers´representatives.